Who Are Cafcass
WHO ARE CAFCASS IN COURT PROCEEDINGS FOR CHILD ARRANGEMENTS?
Cafcass are the children and family court advisory and support service founded on 01-04-2001. They are a public body and independent of the family courts. Their only role is to assist the family courts.
WHAT DO THEY DO?
Cafcass represent and are the voice of a child in court proceedings for child arrangements in England. Cafcass is meant to independently put forward to the courts the needs, feelings, and wishes of a child. They advise the court on what they think should happen to the child. The recommendation Cafcass will write in their report is normally accepted by a judge/magistrate and they will follow it. The only time they do not is in exceptional circumstances.
Cafcass is contacted whenever an application for care and supervision proceedings is made to the court by social services, during adoption, or when a form C100 application is made where both parents cannot agree child arrangements.
To summarise Cafcass will help the court ascertain what is in the best interest of the child.
DO CAFCASS DO BACKGROUND CHECKS AND INTERVIEW BOTH PARENTS BEFORE THE FIRST COURT HEARING (THIS HEARING IS ALSO CALLED THE FIRST APPOINTMENT)?
Yes, they do and these checks are done prior to the first court hearing. They will and can contact social services for information about your family. They have access to the police database about you and your ex-partner’s criminal activities. They can also contact healthcare providers and the child’s school for information.
Cafcass will also call you and your ex-partner separately to discuss any issues both of you have. Cafcass will then write a short safeguarding report outlining what they have found in the background checks and what concerns and issues both parents have. Cafcass will send this report to the court 3-4 days before the first court hearing.
DO CAFCASS CONTACT YOU TO MAKE AN APPOINTMENT?
Yes, they do. They will never come to see you without a prior appointment or call you without informing you of the date and time of the call by letter.
WHAT IS CAFCASS’S ROLE AFTER THE FIRST COURT HEARING/FIRST APPOINTMENT?
If there are no concerns, then the role of Cafcass will end. However, the Cafcass officer may still help you and your ex-partner to reach an agreement as soon as possible. If there are concerns that you and your ex-partner cannot reach an agreement, then the court will require Cafcass to conduct a more detailed report called a section 7 report. Please click on the link below to read what a section 7 report is.
LINK TO OUR L.I.P HELP GUIDE FOR DIFFERENT TYPES OF CHILD REPORTS EXPLAINED
CAN YOU DISAGREE WITH A CAFCASS REPORT?
Yes you can. You can explain your disagreements in your witness statement or position statement and then verbally at the hearing in front of the judge.
Please do not get angry, be abusive or critical in your statements or in court. Explain your concerns and disagreements patiently, calmly and succinctly. Please provide evidence to support your point of view.
WHO IS THE GOVERNING BODY FOR CAFCASS?
Cafcass is accountable to Parliament through the Ministry of Justice.