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The Role of CAFCASS in Private Children Proceedings

Katie Crosland (Student)

What is CAFCASS and why is it so important?

The Children and Family Court Advisory and Support Service, or CAFCASS, are an independent public body, separate from social services and the courts. The purpose of CAFCASS is to protect the interests of children involved in private child proceedings and advise the courts on the interests and welfare of the child.  This service will often be requested by the court when parents are separating and cannot come to an arrangement regarding their children.

What does CAFCASS do once they have been consulted?

CAFCASS carries out preliminary checks in order to safeguard children, which includes contacting relevant adult parties and asking them about concerns regarding safeguarding of the parties. CAFCASS may also speak to the children. CAFCASS will also search Police and Social Service records that relate to the parties.  If these checks do not suggest anything ofconcern, CAFCASS may attempt to encourage an arrangement regarding the children at the FHDRA (First Hearing Dispute Resolution Appointment). If there are concerns, however, a more in-depth report may be requested in the form of a Section 7 Report.

The Section 7 Report

If the issues have not been resolved at the first hearing, or the initial safeguarding letter to the court was not satisfactory, CAFCASS will undertake a Section 7 Report. Here, officers will meet with the children and parents, separately. They may also reach out to schools, other family members, and so on, where appropriate. The wishes of the child or children are important, if they are old enough, therefore CAFCASS will meet with them at a neutral location so that there is no bias opinions from carers. When the CAFCASS Officer writes this report, they will refer to the ‘Welfare Checklist’ which is found in the Children Act 1989. This Checklist includes the following considerations:

  1. The ascertainable wishes and feelings of the child concerned
  2. The child’s physical, emotional and educational needs
  3. The likely effect on the child if circumstances changed as a result of the court’s decision
  4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
  5. Any harm the child has suffered or maybe at risk of suffering
  6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s need
  7. The powers available to the court in the given proceedings

The Court and CAFCASS will use this checklist and the Section 7 report as a guide to make a conclusion regarding the children’s welfare. CAFCASS will produce this report, and provide the court with recommendations for child arrangement, though the court does not always strictly adhere to this, and the Judge will use his/her own discretion.

New CAFCASS Policy

CAFCASS has also recently published its Domestic Abuse Practice Policy. This policy requires CAFCASS to share with the court information given by adults and children regarding Domestic Abuse, and future risk of Domestic Abuse. In relation to children, a child is considered to be a victim of domestic abuse under the Domestic Abuse Act 2021 if they see, hear, or experience the effects of domestic abuse and are related to, or cared for by an adult with parental responsibility who is the person being abused or the perpetrator of the abuse.

Bangor University Legal Advice Clinic can advise you on family law related matters, including child arrangement orders and divorce. The legal advice clinic provides free and confidential services. If you would like an appointment, please call 01248 388411 or email bulac@bangor.ac.uk