CAFCASS
From Parents for parents.
Guide to the CAFCASS
If you have CAFCASS involved in your family, the chances are your case is in the family court.
Who are CAFCASS?
The Children and Family Court Advisory and Support Service (CAFCASS) is an independent service representing children in the court system.
CAFCASS become involved either:
When parents disagree about arrangements for their children and apply to the court; or
When Children’s Services begin care proceedings; or
When children are adopted.
CAFCASS is independent of Children’s Services. CAFCASS has a useful websiteexplaining its role.
For the purpose of this blog, I will focus on CAFCASS involvement when parents separate and disagree about the arrangements for their children. Care proceedings and adoption are a different cup of tea.
What will CAFCASS do?
Safeguarding Checks
CAFCASS’s primary role in court proceedings between parents is safeguarding (assessing risk). Every court application between parents is sent to CAFCASS in order for CAFCASS to do initial safeguarding enquiries.
These take 2 basic forms:
CAFCASS will enquire with the police and Children’s Services to find out whether the parents or the child are known to either of them. Historic allegations of domestic violence or abuse will be picked up by CAFCASS in this way provided they have been given the correct names and addresses for all involved.
CAFCASS will speak to both parents by telephone before the first hearing (provided they have been given the correct contact details in the court application). They will ask the parents whether they have any concerns about risk to the child. It is important that parents raise any safeguarding concerns during this interview. In Cumbria, the safeguarding telephone interviews are undertaken by a different CAFCASS team to the CAFCASS team who later attend court.
The outcome of the safeguarding enquiries is then sent by CAFCASS to the court in the form of a Safeguarding letter. Sometimes this letter is shared with parents before the court hearing. Sometimes it is considered to contain sensitive information and the parents only get to see it at the first hearing.
Attending Court
CAFCASS should have an officer on duty at court for each first hearing between parents. The CAFCASS officer will normally share the outcome of the safeguarding enquiries with the parents. Depending on the court’s normal practice, the CAFCASS officer will either speak to the parents outside the courtroom or during an informal hearing. The CAFCASS officer will try to establish what the parents agree on and what they disagree on. If arrangements can be agreed then these can be recorded in an order. If the parents can’t agree, CAFCASS may have no further role or they may be asked to assist further.
Assisting the Court in Decision-Making
CAFCASS can help the Court in three main ways after the first hearing:
A reporting CAFCASS officer can speak to the children about their wishes and feelings. A ‘wishes and feelings report’ can be requested at a first hearing and will be appropriate for children aged 10 or above. Reports can be undertaken for younger children but this very much depends on the circumstances and the individual child.
They are considered appropriate where the parents disagree about what the children want or feel. In these circumstances CAFCASS attempt to represent the voice of the child in the decision-making process. CAFCASS will often meet the children at a neutral venue and work through age-appropriate workbooks or activities to determine the child’s views.
Alternatively, a section 7 report may be requested. This is a more in depth report that not only looks at the children’s wishes and feelings but also investigates any safeguarding concerns.
The reporting CAFCASS officer will be asked to make recommendations to the court about what arrangements are in the best interests of the children. The reporting CAFCASS officer will generally meet with the parents, the school and the children during the course of the enquiries.
If Children’s services have already been involved with the family, the section 7 report may be completed by them rather than by CAFCASS.
In very serious cases, CAFCASS may be asked to represent the child by being appointed as the children’s guardian. In these cases, the child automatically receives legal aid and a solicitor (regardless of age). Such representation is only appropriate where neither parent is able to represent the child’s best interests and there are serious issues to resolve.
If you’re involved in a case about children and preparing to speak to a CAFCASS officer, we would recommend that you Message us at Advice. If you’re not sure what to ask for at your first hearing, make an appointment to see one of the family team for initial advice and/ or representation.
The Children & Family Court Advisory and Support Service (CAFCASS) is supposed to look after the interests of the child in children involved in family proceedings. Rarely do they listen to what the child wants? They believe that the child has the human right to access to both parents. They will ignore any evidence of abuse that one parent may have done to another. As long as the child is not been harmed by either of the parents but there has been abuse of one parent towards the other they do not believe that it is in the child's interests to stop the child from having contact with the perpetrator of abuse since the child should not in their eyes have witnessed this abuse. If they have witnessed it then both parents and in particular the victim will be blamed for not protecting the child against witnessing the violence between the parents.
CAFCASS is supposed to work with the child and parents and have to inform the Courts as to what action they believe is in the best interests of the child. If an application is issued to the Court in relation to a child then it is likely that CAFCASS will become involved.
Frequently Asked Questions about CAFCASS
Who refers matters to CAFCASS?
The Court makes referrals to CAFCASS if it is felt that there are issues that need to be looked into. CAFCASS will then prepare a report in particular outlining the situation in relation to the issues directed and what they recommend in terms of further action by the court.
These could be issues such as whether the CAFCASS officer believes the child has a close relationship with a parent and what the child’s attitude is towards the parent.
What do CAFCASS do to prepare a report?
They will see both parties and any other parties that may be relevant like partners or grandparents. They will also interview the child(ren) if appropriate. They may also observe contact between the child(ren) and the parents and visit their living accommodation.
This is all so that CAFCASS can gain as much information as possible about the situation from all points of view so that they can make recommendations to the Court.
Fathers will often say that CFCASS side with the mothers in these cases whilst Mothers say the same of how CAFCASS side with the Father.
CAFCASS are certainly not unbias but it tends to be more about what Parent can offer the most. CAFCASS tend to go with the parent with the most funding and who is most financially able to care for the child. Care and emotions rarely comes into it, they are there to be practical. It will be social services who cause the emotional issues to be raised. CAFCASS mostly go with social services recomendations.
How long does a CAFCASS report take?
A CAFCASS report will usually take approximately 12 weeks to complete.
CAFCASS POWER IN THE FAMILY COURT
Cafcass (the Children and Family Court Advisory and Support Service) wields an awful lot of power. Whenever parents can’t agree over an application for a Contact Order, they become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the Family Court.
I have applied for an Order, CAFCASS have decided against me. Where does that leave me?
The decision as to whether to grant an Order or not rests with the Courts, although they are likely to follow CAFCASS’s recommendations or at least take them strongly into consideration.
You would have to decide very carefully how on what grounds the recommendation may be wrong, how you could argue against it and if you still wish to proceed with the Application.
If you were Legally Aided this would also affect your funding.
Both Cafcass and Family Court have undergone their share of controversy, the first for some of the content of their reports and its methodology, the second for operating in relative secrecy. Cafcass presents its report as a completed document at court, and interested parties have no chance to challenge it beforehand, although they are sent copies.
Who are Cafcass?
The Reporters are social workers themselves, but their qualifications don’t go beyond that (one criticism levelled at them is that they sometimes make observations that go beyond their field of expertise, such as in the medical area).
From the interviews they conduct, the Reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it.
The Cafcass Report Process
The building blocks of the Cafcass report are the interviews the reporters carry out. They talk to both parents, generally quite extensively, although not necessarily in a home setting, which can leave people especially children uneasy in an unfamiliar environment. This is the time to speak out about your childs needs. If you remain child focused and dont slg off your ex too much you should gain a balanced report. The more angry about the other parent you coma across to them the more they will go against you. This is why it is the case that a victim of abuse in the relationship between the parents end up becoming further abused by this system as this is what CAFCASS will report that the children are experiencing from the victim.
Since the report takes around 10 - 12 weeks to compile, a number of people are interviewed, a wide range, and there are instances when the court will ask the Reporter to talk to a specific person, for instance a health visitor.
The Reporter will inform parents about the people they’ll interview, which will include the police and a check of the Child Protection Register – that’s standard, and shouldn’t alarm anyone.
Of course, they’ll also want to interview any children involved, as long as they’re old enough. Part of the responsibility of the court is to take the wishes of the children into account where possible, although that doesn’t mean that will necessarily happen. It’s vital that the Reporter remains neutral with the child and doesn’t ask him or her to take sides.
Criticism of Cafcass Reports
Although most Cafcass reports are fine, there have been a number of criticisms thrown at Reporters. These can be for inappropriate remarks, or ones that are unqualified. For instance, a report might mention “domestic violence” in a relationship, without explaining what the violence is (it could, in fact, be something as trivial as sulking). There have been occasions when the Reporter has included nothing in the report about the wishes of the child, even when the child is old enough to expresses preferences and opinions. At times reports haven’t included pertinent information about the children, such as learning difficulties.
In other words, the reports aren’t perfect, and where a person finds failing in the report, there are grounds to ask for it to be disregarded – that can be entirely or just in part – or to be discredited. There have been occasions when the court has made it decision based on a bad report. When that’s happened, the bad report constitutes grounds for appeal.
Not all experiences of Cafcass are negative, many are positive and help numbers of fathers gain access to their child. Equally so with mothers but sadly it is the case that as women are in the majority of victims of domestic violence and are unhappy about the other parent they will more likely side with a father who could be the perpertrator of violence. That is not to say that all women are victims and there are many who may lie in order to gain custody of the children out of spite. It is CAFCASS job to determine one from the other and more often than not in our opinion they get it completely wrong.
Complaints against CAFCASS
If you want to complain about CAFCASS, You must first make your complaint in writing to the Regional Complaints Manager for your local area. CAFCASS should acknowledge your complaint within 5 working days and also enter it onto their complaints database.
How to Complain About Cafcass
STAGE 1 - Registration
If you want to complain about CAFCASS, You must first make your complaint in writing to the Regional Complaints Manager for your local area. CAFCASS should acknowledge your complaint within 5 working days and also enter it onto their complaints database. CAFCASS will then decide whether or not to register your complaint. If they do register it, it will then been passed to a Regional Director for investigation.
If they decide not to register it, they must inform you of their reasons in writing within 10 working days. You then have the right to ask for your complaint to be reviewed by a Regional Director. The Regional Director will then make a decision about the complaint and will inform you and the Regional Complaints Manager of his decision. if still unhappy you may contact the Parliamentary and Health Service Ombudsman through an MP.
Regional Complaints Managers
You can contact the Regional Complaints Managers through your regional office below.
CAFCASS England National Office
8th Floor Wyndham House
189 Marsh Wall
London
E14 9SH
Tel: 020 7510 7000
feedback@cafcass.gov.uk
CAFCASS Wales National Office
Grosvenor Lodge
1 Grosvenor Road
Wrexham
LL11 1DB
Tel: 01978 368 479
East Midlands Region
2nd Floor New Enterprise House
St Helen's Street
Derby
DE1 3GY
Tel: 01332 866 480
North West Region
6th Floor Byrom House
Quay Street
Manchester
M3 3JD
Tel: 0161 830 5733
Greater London Region
14th Floor Archway Tower
2 Junction Road
London
N19 5HQ
Tel: 020 7210 4100 South East Region
8th Floor Wyndham House
189 Marsh Wall
London
E14 9SH
Tel: 020 7510 7000
North East Region
38 Saddler Street
Durham
DH1 3NU
Tel: 0191 383 9279 West Midlands Region
1 Printing House Street
Birmingham
B4 6DE
Tel: 0121 710 1830
Yorkshire and Humberside Region
1 Park Cross
Mews Park
Cross Street
Leeds
LS1 2QS
Tel: 0113 394 7474 Eastern Region
St Mary's House
90 Victoria Road
Chelmsford
Essex
CM1 1RD
Tel: 01245 255 660
South Region
1st Floor Grosvenor House
Basing View
Basingstoke
RG21 4HG
Tel: 01256 392 770 South West Region
6 Mendip House
High Street
Taunton
TA1 3SX
T el: 01823 340 205
STAGE 2 - Problem-solving
At stage two the Regional Manager will meet you and also the person you have made the complaint about. He should then write to you with any agreed solution, and any remaining issues. This process should take 20 working days from receiving the complaint.
If you are not satisfied you can ask the Regional Manager for your complaint to proceed to stage 3 of the Complaints Procedure. He will consider whether or not more can be achieved by further investigation, how serious the complaint is or if it would be in the child’s best interests to further investigate the complaint. If the Regional Manager decides not to investigate your complaint further they will write to you with their reasons.
You can then ask the Regional Director to review this decision, and decide whether this has been fair or not.
STAGE 3 - Investigation
At this stage an independent investigator will be brought in, who is not an employee of CAFCASS. He will carry out an investigation, talk to the people involved, look through all the documentation, and then write a report on his findings. If all or part of the complaint is withheld, the Regional Director will send you all or parts of the report explaining his recommendations and what CAFCASS will do about these.
This stage should be completed within 30 days of your complaint being registered at stage 3.
If you are still unhappy at how your complaint has been investigated you can move on to stage 4 of the complaints procedures, by writing to the National Complaints Manager. This must be done within 20 working days of receiving the letter from the Regional Director.
National Complaints Managers office:
6 Mendip House
High Street
Taunton
TA1 3SX
Tel: 01823 340 205 CAFCASS complaint leaflet & form
STAGE 4 - Review
A review is carried out by a review panel. This will consist of a board member, and a Regional Director or Children's Rights Director. There is no hearing at this stage, but the review panel will provide written conclusions, which will be sent to you through the National Office.
If you are still not happy, you can contact The Parliamentary and Health Service Ombudsman.
THE PARLIAMENTARY AND HEALTH SERVICE OMBUDSMAN
This Ombudsman deals with complaints from members of the public who feel they have suffered unjustly because of maladministration by government departments such as CAFCASS. They can examine how CAFCASS have handled situations, but cannot comment on professional opinions and outcomes in court proceedings.
The Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP
0845 015 403
phso.enquiries@ombudsman.org.uk
Has anyone got anywhere complaining against CAFCASS
In short No, below is a exerpt from a message from a mum on mums net who says this.
Very long story cut short but been in court over access issues for nearly 2 years. I have a 3 1/2 year old DD. Ex currently has supervised access in contact centre BUT despite new information regarding him lying to court through the whole process about his drug and alcohol abuse and not showing for contact and being late CAFCASS have just recommended UNSUPERVISED access!
In addition to this my ex was violent, emotionally, sexually and financially abusive. they have paid very little attention to this and in the latest report the officer makes an outrageous allegation that apparently I am unable to put the needs of DD before myself. I have been the sole carer for DD since she was 9 months old , have lived in refuge, made sure that despite everything her needs have always been met and she has thrived. Even Women's Aid workers told social services I am a fantastic mother. They also wrote that ex has proved his commitment to contact?!
The entire report is an attack on me, I believe because I have made complaints about this officer before they are being completely biased. My ex who I am certain is a sociopath has wrapped this worker around his little finger and I am terrified of having to hand over my DD to this monster. Every time I have complained to CAFCASS they do a little investigation and take it no further - just suggest I go to my MP if I'm not happy. has anyone successfully taken it further?
Just a quick google of cafcass complaints brings up shocking anecdotes from people in similar positions where mothers are completely ignored and they affect of domestic violence not taken into account. how can they get away with this?? CAFCASS are not protecting children they are putting them through abuse!
I actually feel I'm on the verge of a breakdown over this. where is support for mothers ? who will believe me?
The Author of this page has also tried to complain only to be treated exactly as the lady above.
I did however win my case eventually which shows the level of wrong that families face given the reports of CAFCASS.