Children court proceedings and CAFCASS reports

If you are a parent contemplating or involved in children court proceedings for a child arrangements, specific issue or prohibited steps order you will hear top London children solicitors and the judge using the abbreviation “CAFCASS”.

CAFCASS is short for “Children And Family Court Advisory And Support Service”. As the name is long winded, most court professionals abbreviate it to CAFCASS.

CAFCASS is a public body that reports to the family court on the safeguarding and welfare of children who are involved in children court cases.

Although CAFCASS is within the Ministry of Justice, it is a non-departmental public body. CAFCASS is independent of the court, social services, the education department and health authority.

CAFCASS’s role is to:

• Safeguard and promote the welfare of children in children court proceedings; and
• Give advice to the court about children applications; and
• Make arrangements, where appropriate, for children to be represented in court proceedings; and
• Provide information, advice and support to children and families.

CAFCASS officers

A CAFCASS officer has a number of different names, including family court reporter and CAFCASS worker or reporter. The best London children solicitors recognise that the use of different names and abbreviations can add to parents’ confusion at what can be a stressful time.

How can OTS Solicitors help?

OTS Solicitors advise on all aspects of children and family law. The London children law team have a lot of experience in representing parents in child custody, access and court applications involving children.

The children law team at OTS Solicitors can represent you and guide you through child arrangements order applications and children court proceedings.

Please get in touch with us on 0203 959 9123 to arrange an appointment to speak to one of our specialist London children law solicitors.

CAFCASS and safeguarding

The top London children solicitors are often asked what “safeguarding” means.

It is a word bandied around by the court and children law professionals but it is not readily understandable.

A CAFCASS officer should carry out safeguarding checks when an application involving a child’s welfare is made. Checks are made with the police and social services to see if they know the child or family. This is to see if there are any safety or welfare concerns.

The CAFCASS officer will also try to speak to the person who has applied for the children court order and the persons who are respondents to the court application. These preliminary enquiries are normally made by telephone, shortly before the first court hearing.

The CAFCASS officer will then prepare a short safeguarding letter to the court. The letter will say if there are safeguarding or welfare issues that the court needs to be aware about.

The best London children solicitors recommend that anyone who is contacted by a CAFCASS officer cooperate with the safeguarding inquiries.

What is a CAFCASS report?

A judge at a first children hearing or at a later court hearing can order a CAFCASS report.

The court and top London children solicitors also refer to a CAFCASS report as a “section 7 report”. This section of the Children Act 1989 authorises the production of reports.

A judge can ask that the CAFCASS officer report on the children’s wishes and feelings or the court  can ask for a detailed report setting out the CAFCASS officer’s recommendations about what he or she thinks would be best for the children.

If a judge decides not to follow the recommendations in a CAFCASS report, the judge has to explain why they have not done so.

Is a CAFCASS report prepared in every children court case?

Parents often think that a CAFCASS report is prepared in all court cases. Top London children solicitors advise that a CAFCASS report is not necessary in every children court case.

Only the family court judge can decide if a report should be prepared what issues the report should address. A judge can order a report because they think a report is needed or after a parent or parties solicitor has made representations.

The best London children solicitors will weigh up the pros and cons of asking for a CAFCASS report, discuss them with you, and then make careful representations if they ask the judge to order the preparation of a report.

Whom does a CAFCASS officer interview for their report?

The CAFCASS officer will decide whom they need to interview to prepare their report.

A CAFCASS officer will speak to both parents and any other parties to the court application, for example grandparents if they have applied for contact and a child arrangements order.

The CAFCASS officer will normally speak to the children who are involved in the court proceedings. They may also speak to a teacher or health or other relevant professional.

How does a CAFCASS officer interview a child in court proceedings?

The best London children law solicitors advise that how a CAFCASS officer interviews a child depends on the age and understanding of the child.

A CAFCASS officer will not ask a child to decide between parents, as that would not be fair to the child.

How long does a CAFCASS report take?

The time that a CAFCASS report takes to prepare depends on the type of report required and how busy the CAFCASS service is.

A judge may ask a CAFCASS officer to write an interim report, for example on access or contact arrangements until the final hearing. Sometimes a judge can ask for a second report.

Does a judge always follow the recommendations of a CAFCASS officer?

The best London children law solicitors say that a judge normally follows a CAFCASS report unless there is good reason not to do so. That is why it is so important to cooperate with the CAFCASS officer.

The jargon surrounding the involvement of a CAFCASS officer with your child and family can be very confusing. It can also be worrying to think that someone will be speaking to you and your child. However, a CAFCASS officer is involved in the court application as an independent person, reporting to the court on the best interests of the child.

How can OTS Solicitors help?

OTS Solicitors advise on all aspects of children and family law. The London children law team represent parents and other family members in all types of children court proceedings including child custody, access, child arrangements order, prohibited steps, specific issue and parental orders.

Whatever your children law concern, the children law team at OTS Solicitors will work with you. They can represent you and guide you through children proceedings.

Please get in touch with us on 0203 959 9123 to arrange an appointment to speak to one of our experienced children law solicitors.