Inflicted Injuries in Care Proceedings - Building Your Case, Challenging the Evidence & Avoiding Common Pitfalls

Introduction

Cases involving suspected inflicted injuries are among the most challenging and consequential in public law children proceedings. They frequently involve complex medical evidence, conflicting accounts, uncertain perpetrators and difficult decisions about the immediate and long-term protection of children.

But what does the local authority actually need to prove? How can practitioners effectively challenge medical and factual evidence? And what happens when the court cannot identify who caused the injuries?

This practical and engaging seminar examines the law governing inflicted injury cases, drawing on key authorities, recent case law and practical experience of conducting complex care proceedings.

Moving beyond the legal principles, the session will explore how practitioners can strengthen their cases from the outset, identify weaknesses in the evidence, challenge expert conclusions and avoid common pitfalls which can undermine findings of fact.

It will also consider the often-overlooked practical issues: when proceedings should be issued, whether interim removal is necessary, how to approach allegations of failure to protect, and whether a finding of inflicted injury must inevitably prevent family reunification.

What You Will Learn

This session will provide a clear, usable framework for dealing with inflicted injury cases, including:

• Proving Inflicted Injuries - Getting the Fundamentals Right
  • The burden and standard of proof: what must actually be established?
  • The importance of primary evidence, contemporaneous records and effective chronologies.
  • The dangers of relying on hearsay, assumptions or speculation.
  • Understanding the significance of lies, inconsistent accounts and unreliable memories.
• Challenging Medical and Expert Evidence
• How much weight should the court attach to medical opinions?
• Identifying alternative explanations for injuries, including underlying medical conditions.
• Practical strategies for questioning experts and challenging their conclusions.
• When should experts be required to attend court to give oral evidence?
• What happens when medical evidence no longer supports the allegations?
• Identifying Perpetrators and Avoiding Common Errors
• The distinction between identifying a perpetrator and establishing a pool of possible perpetrators.
• Applying the balance of probabilities and the 'real possibility' test.
• Avoiding the dangers of identifying perpetrators through a process of elimination.
• When can findings of failure to protect properly be made?
• Preparing and Presenting Your Case Effectively
• Building a persuasive evidential case from the earliest stages.
• Making effective use of police disclosure, witness statements and interviews.
• The role of intervenors and protecting procedural fairness.
• When is a fact-finding hearing necessary and proportionate?
• Avoiding errors in the presentation and analysis of evidence that may lead to a successful appeal.
• Protecting Children While Preserving Family Options
• When should care proceedings be issued and interim removal sought?
• Exploring family supervision and alternative protective arrangements.
• The Resolutions Approach: can children safely return home following findings of inflicted injury?
• Managing assessments, support networks and the 26-week timetable.

Whether you represent a local authority, a parent, an intervenor or a child, this seminar will provide practical guidance to help you approach inflicted injury cases with greater confidence.

Through examination of relevant authorities and practical litigation strategies, delegates will gain a clearer understanding of what needs to be proved, how evidence can be effectively challenged and how to avoid mistakes that can fundamentally alter the outcome of proceedings.

The seminar is suitable for family law solicitors, barristers, local authority legal teams and social care professionals involved in public law children proceedings.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.