What to do if a Hospital Reports your Child's Injuries to Social Services

What To Do If A Hospital Reports Your Child’s Injuries To Social Services

It is common for children to get injured at school, during sports, or at home, sometimes necessitating medical intervention from a school nurse, local minor injuries unit, GP, or Accident and Emergency department in a hospital. If a doctor or other medical person has concerns that injuries sustained by a child may have been caused due to the deliberate actions of another person (i.e. an unexplained or non-accidental injury), they are duty-bound to report the matter to the relevant authority. If your child’s injuries have been reported to social services, it is important to understand the process that they will follow and the actions you should now take.

What is a non-accidental injury (NAI)?

Non-accidental injury (NAI) injuries are those that may result from deliberate actions towards a child or a failure to prevent injury, such as injuries of the skull, bones, internal organs and soft tissue. NAIs can also include injuries caused by cold, heat, and poisons.

In the case of Cambridgeshire County Council v PS, JS, S (A Child) (by her Children’s Guardian), the judge gave a more nuanced view of what is meant by a non-accidental injury, he stated:

“The term’ non-accidental injury’ may be a term of art used by clinicians as a shorthand, and I make no criticism of its but it is a ‘catch-all’ for everything that is not an accident. It is also a tautology: the true distinction is between an accident which is unexpected and unintentional and an injury which involves an element of wrong. That element of wrong may involve a lack of care and/or an intent of a greater or lesser degree that may amount to negligence, recklessness or deliberate infliction”.

What happens if a hospital reports your child’s injuries to social services?

If a member of staff in a hospital or other medical setting has reason to believe that your child has sustained a non-accidental injury, in addition to diagnosing (i.e. x-rays and blood tests), treating and caring for your child, they will gather information about the circumstances of what happened. Based on this information, the doctor caring for your child will write up a report stating their concerns and explaining why the injury may not have been accidental. If they still feel that your child’s injury cannot be explained, they will report the matter to the local social services team.

The role of Social Services is to investigate the matter further by speaking to you, their GP, health visitor, and anyone involved in caring for the child. If they decide to bring a case against you, they may take prompt action, including applying for an Emergency Protection Order (EPO) or an Interim Care Order (ICO).

What is an Emergency Protection Order?

The Court may issue an Emergency Protection Order (EPO) if they conclude that your child faces an immediate risk to their safety. If granted, the local authority assumes parental responsibility for the child. The child may then be removed from their home and placed into short-term protection for their safety in accordance with the Children Act 1989. EPOs last for a period of eight days and can be extended for a further seven days if necessary. Alternatively, the Court may issue an Interim Care Order (ICO) while making a decision on a final Care Order setting out where and with whom your child will live.

What to do if your child’s injuries are reported to social services

If your child’s injuries have been reported to Social Services, it is important to seek the advice of a Solicitor as soon as possible. The reason for acting promptly is that the matter will be investigated by the authorities without delay to protect the wellbeing of the child. Action will only be taken to protect the welfare of your child if they are at risk. If social services conclude that there is no reason to take the matter further, they will drop the case, and no further action will be taken. Remember, hospital staff are required to report any concerns; it is part of their job. Because they have to err on the side of caution, they may report a case which, ultimately, requires no follow-up. If you find yourself in this situation, we recommend:

1. Instructing a family lawyer to advise and represent you

2. Keeping calm and cooperating fully and respectfully with the hospital, police, authorities, and court

3. Retaining any evidence (e.g. diary, videos or photographs) that proves that the injuries sustained by your child were not non-accidental

4. Where appropriate, raise a complaint about social services if you do not agree with the action they are taking. All local authorities have a complaints process.

If the police request an interview with you under caution, your Solicitor will explain the process and attend the interview with you. It is important to understand why the police are interviewing you and your rights. If you don’t have your own Solicitor when the police interview you, make sure that the duty Solicitor is in attendance.

Final words

If your child has sustained an injury that is causing you concern, always seek medical attention either by calling 111, visiting your GP, or, if it is more urgent, phoning 999 or visiting your nearest Accident and Emergency Department. The doctor, nurse or other medical person caring for your child will only raise concerns about a potentially unexplained injury if they have genuine reason for concern. Their focus is always on the well-being of the children they care for. Likewise, if they report their concerns, you will have the opportunity to explain what happened and provide any evidence to support this. Only then, if there is clear evidence of neglect, abuse, or violence towards the child will further action be taken.

To speak to one of our Family Law Solicitors who may be able to help you, please call us on 0300 3732424.