Inflicted Injuries in Care Proceedings - What Needs to be Proven & How to Challenge the Evidence

Introduction

Cases involving suspected inflicted injuries sit among the most complex and high-stakes in care proceedings. Findings can permanently separate families and, in some cases, lead to criminal investigations.

For family lawyers, these cases demand a clear grasp of what must actually be proved, how the court evaluates medical and lay evidence, and where common forensic errors arise. Assumptions, over-reliance on expert opinion, or a failure to test primary evidence can - and regularly do - lead to flawed outcomes.

This practical virtual classroom seminar is designed for busy practitioners who want a structured, legally grounded approach to cases involving suspected inflicted injuries - whether acting for local authorities, parents, intervenors or children.

What You Will Learn

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

• What the local authority must prove
• Burden and standard of proof
• The binary system and the limits of “inherent improbability”
• How the court evaluates evidence
• Primary evidence vs hearsay
• Memory, credibility and the treatment of lies
• Why some cases fail despite serious allegations
• Medical and expert evidence
• How much weight the court gives expert opinion
• Common pitfalls and how to challenge over-dogmatic conclusions
• Identifying a perpetrator
• The correct legal approach to pool findings
• When the court should - and should not - strain to identify responsibility
• Failure to protect findings
• Why these are not automatic
• The need for a proper causal link
• When reunification may still be possible
• The Resolutions approach
• How cases can move forward even where findings are made

By the end of the session, delegates will be better equipped to analyse the evidence rigorously, identify forensic weaknesses early, and approach inflicted injury cases with confidence and precision.

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.