CAFCASS is an abbreviated name for ‘The Children and Family Court Advisory Service’. CAFCASS are an independent body whose role is to represent the interests of children who are subject to ongoing court proceedings.
Although ultimately the decision as to what is best for the children is made by the Family Court, the role of CAFCASS is to safeguard children by advising the Court as to what arrangement would be in the children’s best interests.
When an application is made at Court under the Children Act 1989, CAFCASS receive a copy of the application and their role from the outset is to review it to determine whether there are any concerns as to the child’s safety. CAFCASS will, for example, check for indications of domestic abuse or negligence and will ensure that appropriate consideration is given.
CAFCASS also have authority to take appropriate steps to see whether either party or the children have had any involvement with the Police or the Local Authority. CAFCASS will determine whether there are external concerns in this regard relating to the welfare of the children. If there are these concerns, the court will be informed of any risks to the child.
CAFCASS are typically directed to speak with both parties to determine the concern of either party and the reasons behind the application. They will want to ensure the views of the parties are taken into account and whether the child is at risk of harm. This is done by a CAFCASS officer who contacts each party separately and conducts a brief interview.
CAFCASS will then prepare a safeguarding letter which is essentially a short report which is provided to the parties and the Court, illustrating the outcomes of the initial safeguarding checks they have carried out and any potential welfare issues which have been identified.
At the first hearing, it will be the Court’s decision to determine whether CAFCASS has any future rule in the proceedings. Typically, if there are no welfare concerns CAFCASS does not need to be involved any further. However, in some circumstances the CAFCASS officer may still be involved to try and assist the parties in coming to an agreement with minimal further court proceedings.
The further role of CAFCASS may involve the preparation of further reports, these are known as ‘Section 7 Reports’ or ‘welfare reports’. These reports can consider a variety of key matters such as where the child should live, how much time the child should spend with each parent, and whether the child’s needs can be appropriately met by both parents. In order for the CAFCASS officer to make such recommendations, they will usually need to spend time with both parties and observe their contact with the children. CAFCASS can also speak to the children directly to obtain a better understanding of their wishes and views, and such visit can be conducted at the child’s school or nursery.
If you have been contacted by CAFCASS in relation to private children law proceedings, please do not hesitate to contact a member of our team who will be able to assist you and provide expert legal advice. Free 30-minute initial consultation.
Article by Amelia Fernley – Trainee Solicitor
