What is a CAFCASS safeguarding letter in children court proceedings?

Whether you are applying to court for a child arrangement order or specific issue order or prohibited steps order or you are responding to an application made by your former partner, husband or wife you are likely to come across the phrase ‘safeguarding letter’. In this blog specialist children law solicitor, Behzad Sharmin, looks at what is meant by a safeguarding letter in children court proceedings.

London based children and family law solicitors

If you are planning to make a child custody or contact application or you are replying to an application made by your former partner the children and family law team at OTS Solicitors are here to advise you on how best to reach a resolution over child custody and contact, answer your children law questions, and represent you in children law court proceedings. Call us on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable children law solicitors.

What is CAFCASS?

When you are looking at what a safeguarding letter is it is firstly important to understand what CAFCASS is and their role in children court proceedings. CAFCASS is an organisation that is independent of the family court, the judge hearing the children court proceedings, the local authority and social services. The job of CAFCASS is to:

• Look after the interests of children involved in children court proceedings and
• Advise the court on what CAFCASS considers to be in the child’s best interests.

CAFCASS will be involved at the start of any application for a:

• Child custody order – known as a child arrangement order
• Child contact order – referred to as a child arrangement order
• Specific issue order
• Prohibited steps order
• Order to relocate within the UK with a child
• Order to relocate overseas with a child.

The extent of any involvement by CAFCASS will normally be decided by the family law judge at the first hearing of the children application (this is referred to as the ‘First Hearing Dispute Resolution Appointment’ or FHDRA for short). The FHDRA is usually a short meeting for the court to decide how the court application should progress and what evidence and reports are needed.

What is a CAFCASS safeguarding letter?

A CAFCASS safeguarding letter is a short report setting out the safeguarding enquiries made by CAFCASS prior to the first court hearing of a children court application.

The safeguarding letter may heavily influence what orders and reports the court commissions at the first court hearing and it is therefore best to cooperate with the safeguarding checks and ensure that you are available to speak to CAFCASS.

What safeguarding enquiries do CAFCASS make?

Safeguarding enquiries by CAFCASS normally involve CAFCASS:

• Checking to see if either parent or relevant third party has any criminal convictions – the fact that a parent or relevant third party has a criminal conviction may not create safeguarding issues depending on the nature of the offence. For example, a domestic violence allegation leading to an assault conviction or sexual offences conviction would raise a safeguarding issue but the conviction won't necessarily stop the parent from securing the court order they are asking for. That’s because it is the job of CAFCASS to flag up convictions as safeguarding issues and the role of the court to determine their relevance and decide what children orders are in the best interests of the child
• Contacting the Local Authority and social services department to see if there are any historical or current welfare concerns. For example, a child may be on the child protection register or the school may have flagged attendance or other issues
• Speaking to each parent (normally by telephone) to give each parent the opportunity to raise or explain any safeguarding concerns. For example, one parent may fear child abduction or raise concerns about the other parent’s recreational drug usage and its impact on their ability to parent the child.

After making their enquiries CAFCASS should produce a short safeguarding letter for the court highlighting any safeguarding issues. The safeguarding letter is short and its job isn’t to determine if the safeguarding allegations made by a parent are true or not but to flag up safeguarding issues as a matter to be addressed within the children law proceedings.

The safeguarding letter is important as if parents can't reach agreement at the FHDRA hearing the court is likely to decide what further involvement CAFCASS should play in the children court proceedings partially based on the contents of the safeguarding letter. For example, if no safeguarding issues are raised, the court may conclude that it doesn’t need a full CAFCASS report. Alternatively, if domestic violence safeguarding concerns are raised and disputed by the other parent the court may conclude that a finding of fact hearing is needed to decide whether the domestic violence allegations are proved before it can go on to make child custody or contact orders.

Is a safeguarding letter the same as a CAFCASS report?

Although a safeguarding letter and a CAFCASS report are both prepared by CAFCASS they are very different as a safeguarding letter is just preliminary enquiries to flag up any issues for the judge at the first children hearing. A full CAFCASS report is only ordered if the court thinks that the report is necessary.

The court will listen to arguments put forward by each parent’s solicitor about whether a CAFCASS report is needed based on whether there are concerns for the welfare of the child or anyone else involved. The fact that a CAFCASS report is ordered doesn’t mean that the judge believes the welfare allegations are true. It just means that the judge thinks that they would be assisted by a CAFCASS report about the child and their circumstances and best interests. This type of report is sometimes referred to as a ‘section 7 report’ as it is ordered by the judge under section 7 of the Children Act 1989.

London based children and family law solicitors

If you need help with making or replying to a children court application then the children and family law team at OTS Solicitors are here to advise and represent you and to answer your children law questions. Call us on 0203 959 9123 or complete our online enquiry form so we can set up a skype, video conference or telephone appointment for you with one of our friendly and approachable children law solicitors.