Non-Accidental Injuries in Public Family Law: Key Lessons from Re (A Girl Aged 2) [2025]

In Public family law, especially in cases involving alleged child abuse, Non-Accidental Injuries (NAI) are a highly sensitive and complex area.

Reena Vadera,  An Associate in the Public Law department at Machins LLP, successfully represented a respondent in the reported case Re (A Girl Aged 2)  [EWFC] (Rev1) [2025] 5 decided on November 2025. The child was returned to parental care after allegations of child abuse and non-accidental injuries were made.

This case highlights the importance of instructing Single Joint Experts to provide expert evidence, as they have specialist knowledge and experience in Non-Accidental Injuries. A paediatrician, paediatric radiologist, endocrinologist, and geneticist were instructed.  Their reports did not support a finding of inflicted injury. Paediatrician Dr Kelly’s concluded that the child experienced an accidental fall from standing, therefore an inflicted injury was not caused by the parents.

The final judgement was delivered at the pre-trial review hearing on the 5 November 2025 before Her Honour Judge McKinnell.

At this hearing, the local authority applied for permission to withdraw its application in light of the medical evidence. In this single-issue case, the local authority could not satisfy the courts the threshold criteria – a document that sets out the serious and significant concern.

This case illustrates, why independent expert evidence is crucial to ensure accuracy, fairness, and integrity of the court’s findings, protecting both children’s welfare and parents’ rights to a fair process.