CAFCASS provides advice and support to help the family court and families make decisions in the best interests of the children. They do not make decisions themselves; rather, their role is to make recommendations to the court that the judge can either decide to follow, or, in rare cases, disregard. But how does a CAFCASS officer reach their conclusions, and can you appeal or dispute the contents of their report?
What background checks do CAFCASS carry out?
Every application for a child arrangements order is sent to CAFCASS. The first thing they do is perform a “safeguarding check”. This involves:
- Looking through the application form to see if any concerns about the child’s safety have been raised. This could be in relation to domestic violence, child abuse, or neglect.
- If a form C1A has been filed alongside the application, they will note its contents regarding concerns about child safety.
- Checking to see whether any party to the proceedings has had prior involvement with the police or local authority, and if so, whether they have any concerns about the safety of any party/child
- Speaking to both parties separately to find out if either has any concerns about the safety and welfare of the child.
Following these checks, at least three days before the hearing, CAFCASS should provide the court with a short report on the outcomes of the safeguarding checks and any child welfare issues raised during the course of their enquiries. This is often referred to the safeguarding letter, or Schedule 2 letter. Although a party may not be happy with the contents of the letter, there is very little that can be done at this stage to challenge its contents.
If the court believes there are issues that require further investigation or believes there are safeguarding concerns, it will order either a section 7 or section 37 report.
What does CAFCASS look at in order to compile a section 7 report?
A section 7 report deals with a broad range of issues and as such, the following will be looked at:
- Where the child should live
- Whether the child should spend time with the non-resident parent and the duration
- The wishes and feelings of the child
- Home considerations and suitability of the accommodation
- Whether the child’s emotional and physical needs are being met
- Whether the child is at risk of suffering harm or has suffered harm
- The specific concern that has been raised in the case
- The parenting capacity of one parent having regard to any allegations or findings made
- The effect on the child of a proposed change in circumstances. For example, a change to where they live
- Recommendations about arrangements for the child
CAFCASS will also consider whether the local authority should be requested to report under section 37.
What does CAFCASS look at in order to compile a section 37 report?
The court can order this type of report if it is concerned the child may have suffered or be at risk of significant harm. The purpose of a section 37 report is for the local authority to investigate the child’s circumstances and consider whether it should apply for a care or supervision order, provide services or assistance for the child or their family, or take any other action deemed necessary to support the family or protect the child.
A section 37 report is typically based on the following information:
- The history of the case and legal proceedings
- The profiles of each child and adult involved in the proceedings
- How the family members have responded to the current situation
- A summary of the social worker’s assessment, including their comments on the welfare checklist and the no order principle
Can CAFCASS decisions/recommendations be challenged?
It is possible to challenge the recommendations within a section 7 report through the court process. If you intend to challenge the report, you should read it through carefully and consider writing a position statement, or getting your solicitor to write one, setting out what you agree/disagree with. The court’s main concern is the child’s welfare, so referring to the factors within the welfare checklist when explaining why you do not believe the recommendations are in your child’s best interests will help you present your objections in a cohesive and understandable way. You should also set out the arrangements that you think are best.
When should I raise a concern with CAFCASS instead of the court?
Although raising a concern with CAFCASS directly is not the appropriate way to challenge recommendations in a section 7 report, there are some limited circumstances where a concern should be raised with them.
If the report contains an important factual error, for example, it states the child lives with one party, when they actually live somewhere else, you can raise this with the CAFCASS officer and ask them to update their report.
If your concerns relate to CAFCASS itself and the way it has handled your case, it may be appropriate to make a complaint. CAFCASS takes complaints from people who have been a party to a case they have been involved in within the last six months.
Does the court always have to follow CAFCASS recommendations?
The court does not have to follow the recommendations within a section 7 report, or the opinion of any expert. However, CAFCASS officers are considered to play an important role in children cases being experienced social workers who have had the opportunity to spend time with all parties to the case. If the court does not follow the recommendations of CAFCASS, the judge must provide good reasons as to why they have done something different. It is likely the court will hear evidence from the CAFCASS officer before departing from their recommendations.
Can I appeal the court’s decision?
The court’s decision is usually final, but everyone may appeal in certain circumstances. To be successful on appeal, you must persuade the appeal court that the decision of the lower court was:
- Wrong; or
- Unjust because of a serious procedural or other problem with the proceedings
You typically need the court’s permission to appeal. You can request permission from the judge who made the original decision, although if you did not ask for permission, or if the judge who made the decision refused to give you permission to appeal, then you can seek it from the court you are appealing to.
Appeals can be expensive, and you should obtain legal advice before embarking on such action from a solicitor with expertise in this area.
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