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CAFCASS
This stage of the Family Court process is where The Children and Family Court Advisory and Support Service will investigate any safeguarding concerns you may have about your ex partner's behaviour and/or how your children are presenting at home or any other location.
independent body that represents the interests of children in family court proceedings. Their role is to provide the court with objective, professional advice on what arrangements would be in a child's best interests. Understanding their function is key to navigating the process effectively.
What is the role of CAFCASS?
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Administrative Role
After you've filed your application in court, it will be sent to the 'Gatekeeping' team. If there are any safeguarding concerns raised, they will send your application to CAFCASS.
A Family Court Advisor will do a background check on you and your ex partner with social services and the police. If anything urgent is raised in your application e.g. Without Notice or Urgent Hearing, CAFCASS may escalate your case to a magistrate or judge to ensure it is heard quickly.
The advisor will contact you and your ex partner to have a telephone interview to identify any immediate and ongoing safeguarding concerns, such as domestic abuse.
Based on the interviews, the advisor will write a 'Second Gatekeeping' letter for the judge who will conduct your first hearing. In the letter they will summarise your conversation and write advice on what the judge should ask for or 'direct' in the first hearing.
If you are not able to or are uncomfortable speaking to CAFCASS, contact a specialist service relevant to your situation:
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Safeguarding Role
The primary role of this arm of the court is to ensure the safety and well being of your children. Their work is an ongoing process and evolving situations inform all of their recommendations. Their aim is to remain child focused at all times.
Remember, you can question CAFCASS officers if they are present in your hearing about their reports.
When asked about your ex partner's behaviour, it may be helpful to have your Evidence Tracker in front of you to remain focused on the facts. It will also help you demonstrate patterns of behaviour over time.
Your interview is about safeguarding concerns regarding your children and the advisor has a duty to listen to your concerns.
if you are unsure about how to talk about safeguarding concerns, see our 'Safeguarding Guide' for key laws, how they work and how you can identify if you and your children are at risk. It can help to use these laws in your interview to explain what is happening for you and your children.
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Court role
Depending on your case, your assigned Family Court Advisor doesn't end with the safeguarding letter and attendance at hearings.
If necessary, they may be appointed as a 'Children's Guardian', what this means is that their role expands to speak to your children to understand their wishes and feelings. They have a duty to ensure your child's voice is heard in court.
Depending on the type and severity of safeguarding concerns raised, they may complete a 'Section 7' report, which is a detailed report on their professional opinion on what would be best for your child's welfare.
The officer will also attend hearings, they may just attend a first hearing or if your case is more complex, further hearings such as a Fact Find or Final Hearing.
You can question an officer on their reports in the hearings if you disagree with the report and/or the officer has missed crucial evidence in your case.
Preparing for CAFCASS
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Recent changes to CAFCASS training
After the publication of The Harm Report (2020), the implementation of the Domestic Abuse Act 2021, and the creation of the Domestic Abuse Commissioner, CAFCASS has undergone mandatory training and implementation of new procedures.
These changes are meant to improve how domestic abuse is identified in family court. Advisor's have received training to recognise different forms of domestic abuse, coercive control and economic abuse.
The training also covered how domestic abuse has impacted children, now that children are recognised as victims of domestic abuse in their own right if they experience, hear or see abuse.
CAFCASS is also meant to be moving away from language that can be victim blaming or minimising of abuse. Particularly in the concepts of 'parental alienation' and 'implacable hostility' where allegations of abuse are persistently reframed as a parent's attempt to frustrate contact with an abusive ex partner, rather than being correctly identified as protective behaviours.
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Preparing for the telephone interview
Speaking to CAFCASS can be very intimidating and stressful, being prepared can help you focus on your children's best interests and explore how they can have a safe and healthy relationship with both you and your ex partner.
Having a copy of your application form and the key points from your position statement in front of you will help you answer any questions accurately and consistently.
If it helps, make notes of the key points you want to cover. Include your primary concerns, specific incidents and what is in your child's best interests according to the law.
Focus on the facts. It's understandable that this is highly emotional, but you won't be able to communicate effectively if you are not calm, clear and concise.
Prepare a safe space for the call where it is quiet and you can speak clearly without interruption, this will support your focus and ensure confidentiality.
What if I'm not happy with the service?
The reports
CAFCASS will produce different types of reports depending on your individual case. You will receive 'Safeguarding' or 'Gatekeeping' letters after your interview.
If the judge in your hearing finds it necessary, the CAFCASS officer will prepare a Section 7 report, which gives their view on what child arrangements should be.
You have the right to:
Correct any factual inaccuracies in any reports.
Question the CAFCASS officer in court about their proposals or how they came to decisions.
Request your case file, notes made about your interview, internal reports and information with yours and your children's names on it. This is called a Subject Access Request.
Your CAFCASS officer
CAFCASS officers should treat you with respect, dignity and listen to your concerns without victim blaming or judging. They must not use terms such as 'claims' or 'alleges' in reports of domestic abuse.
You have the right to:
Know what policies officers should be using.
Question the CAFCASS officer in court about any deviation from policy.
Raise a complaint during your proceedings about your CAFCASS officer's conduct. The organisation can take more actions if the complaint is received during your case. Although they do accept complaints after a case has closed.
The Ombudsman
If you are not satisfied with the response from a complaint to CAFCASS you have the right to complain to the Parliamentary and Health Service Ombudsman.
You will need to follow the procedure for complaints first by complaining to CAFCASS directly. If their response is not satisfactory, and you have not resolved the complaint in your court hearing, you can follow the steps outlined by the Ombudsman.
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