The Role of CAFCASS

What is Cafcass?

Cafcass stands for Children and Family Court Advisory and Support Service.

Cafcass is an independent organisation comprised of social workers who represent the interests of children and young people during family proceedings. Cafcass’ role is to assess the welfare and safeguarding issues of the child and to independently advise the court about what is safe and in the best interests of the child.

Cafcass specifically focus on the welfare needs of the children subject to court proceedings. Cafcass will consider the children’s needs alongside any ascertainable wishes and feelings. Subject to the child(ren’s) age, their voice may be heard which will ensure that the child feels listened to.

Cafcass also assist separated or divorced parents who cannot agree on arrangements for their child.

What is a Cafcass Officer?

Also known as a Family Court Advisor, a Cafcass Officer will investigate and report on issues concerning the welfare of children.

When does Cafcass become involved?

Cafcass become involved at the preliminary stages of children act proceedings. Cafcass carry out certain checks prior to the first hearing (otherwise known as the FHDRA), which will involve them contacting the Local Authority and Police to ascertain whether there are any known welfare or safeguarding concerns pertaining to the child or any criminal history for either parent.

Cafcass also speak to both parents (or guardians) of the child, usually by telephone to give both parties the opportunity to discuss the reasons for the application or their response to the application and to discuss any welfare concerns they have about their child.

The outcomes of the safeguarding checks and any welfare issues identified will then be included in an initial safeguarding letter to the court with recommendations for the court to consider at the first hearing as well as a brief analysis of the issues in dispute.

Recommendations to the court could include arrangements for interim contact, further involvement by Cafcass, or whether any alternative expert reports are required.

Future Role of Cafcass

Cafcass’ future role in family proceedings will be determined by the court at the first hearing. If there are significant safeguarding concerns or in cases where children have previously been known to the Local Authority or police, it is likely that the court will ask the Cafcass Officer to produce a detailed safeguarding report, known as a S.7 Report, to determine the outcome of the dispute.

S.7 Report Explained

Not all cases require a S.7 report, but for the ones that do, a Cafcass Officer will be assigned to prepare the report after meeting both parents and the child/children. Cafcass will usually speak to your child alone (subject to their age and maturity) in a neutral location such as their school, with the discussion focusing on their wishes and feelings.

When writing the report, the Cafcass Officer must have specific regard to what is known as the “Welfare Checklist” (please see “The Welfare Checklist” below).

Once finalised, the report will be sent to all parties and the court and will include their recommendations. Both parties will have the opportunity to respond to the recommendations in the report by way of Position Statements. If recommendations are to be challenged by either party, there may need to be a contested hearing and in those circumstances, the Cafcass Officer who produced the report may be asked to attend the hearing and be subject to cross-examination.

The Welfare Checklist

Under s.1 (1) of the Children Act 1989, when the court considers any matter relating to the upbringing of a child, the child’s welfare must be the courts “paramount consideration”. Paramount means “the welfare of the child should come before and above any consideration in deciding whether to make an order”.

Working within the legal framework of the paramountcy principle, Cafcass must use the Welfare Checklist when writing their report. The Cafcass Officer and eventually the Judge will have considered the following when forming their conclusions:

• the ascertainable wishes and feelings of the child concerned (considered in the light   of his age and understanding)
• his physical, emotional and educational needs
• the likely effect on him of any change in his circumstances
• his age, sex, background and any characteristics of his which the court considers relevant
• any harm which he has suffered or is at risk of suffering
• how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
• the range of powers available to the court under this Act in the proceedings in question.

Does the court have to follow the recommendations in the S.7 Report?

After reading the S.7 report and listening to both parties, it is ultimately the Judge who will make the final decision about the arrangements for your child. Given that Cafcass are experts in their field, it would be unusual for a Judge to deviate from their recommendations, without good reason.

However, if the Judge believes that Cafcass have not considered the matter fully or have not given appropriate weight to certain factors, they do have the power to make alternative orders.  

Would you like some more advice?

If you’re going through a separation and find yourself involved in child arrangements proceedings, it’s natural to feel uncertain or overwhelmed — especially when Cafcass becomes involved. At Hughes Paddison, our experienced Family Law team is here to offer clear, professional advice and help you navigate each step with confidence. Whether you have questions about the role of Cafcass, the Section 7 report, or your wider family situation, please don’t hesitate to get in touch. We’re here to support you and put your child’s best interests at the heart of everything we do.