As of July 2024, Cafcass (Children and Family Court Advisory and Support Service) was managing 28,504 outstanding cases and is involved with 46,360 children currently in open proceedings. For many navigating family court cases involving children, Cafcass is a crucial entity. But what exactly is Cafcass, and what role do they play in these proceedings?
What is Cafcass?
Cafcass stands for the Children and Family Court Advisory and Support Service. It is an independent organisation operating under the Ministry of Justice, tasked with representing the best interests of children involved in family court cases. Cafcass’s primary function is to ensure that the welfare of the child remains central in court decisions, providing unbiased advice and support throughout the process.
When Does Cafcass Get Involved?
Cafcass becomes involved in family court cases when an application concerning children is made. Their involvement may arise in various situations, including:
- Child Arrangement Orders: Determining with whom the child should live and the time they spend with each parent.
- Parental Responsibility Orders: Addressing the legal rights and duties regarding a child’s upbringing.
- Care Orders: When a local authority seeks to take a child into care due to safety or well-being concerns.
- Special Guardianship Orders: Appointing an individual to be the child’s special guardian when parents are unable to provide care.
Cafcass does not take sides but focuses solely on what is in the best interests of the child.
What Does Cafcass Do?
Upon involvement, Cafcass undertakes several key tasks to support the court:
- Initial Safeguarding Checks When a case is first presented, Cafcass conducts safeguarding checks to review any prior concerns reported to agencies such as the police or social services. They also interview each parent to gather essential information, which helps the court decide on the next steps.
- Welfare Reports For more complex cases, Cafcass may prepare a detailed welfare report, known as a Section 7 Report (under Section 7 of the Children Act 1989). This involves meetings with the parents, discussions with the child (if appropriate), and consultations with other professionals like teachers or social workers. The report offers recommendations on the best arrangements for the child.
- Advocating for the Child’s Wishes Cafcass ensures that the child’s views are considered, particularly if the child is of sufficient age and understanding. However, while the court takes these views into account, it may not always follow them if it’s deemed not in the child’s best interest.
- Supporting Children in Care In care proceedings, where a local authority seeks to place a child into care, Cafcass acts as a Children’s Guardian. Their role is to advocate for the child’s interests and ensure that the court fully understands the child’s situation, prioritising their safety and welfare.
Cafcass Officers: Expertise and Role
Cafcass officers are typically experienced social workers or childcare professionals with specialised training in family law. Their role involves assessing complex family dynamics and safeguarding concerns while remaining impartial.
How Does Cafcass Influence Court Decisions?
While Cafcass provides valuable recommendations, its role is advisory. The court is not obligated to follow Cafcass’s advice, though their reports are highly influential. The final decision regarding the child’s welfare rests with the court, based on Cafcass’s input and evidence from all parties involved.
Cafcass plays a pivotal role in ensuring that the welfare of children is prioritised in family court proceedings. Their independent assessments and recommendations help shape decisions that are in the child’s best interest. If you have concerns or need guidance regarding Cafcass’s involvement in your case, our family law team is here to assist you. We are committed to ensuring that both your voice and your children are heard throughout the legal process.
This article is intended for informational purposes only and does not constitute legal advice.
If you have any questions or would like to discuss family law matters further, please do not hesitate to contact Emma Gallant, our experienced family law solicitor. Emma is dedicated to providing compassionate and expert guidance tailored to your specific needs. You can reach her directly at 01603 615731, write to her email emmagallant@hansells.co.uk, book a consultation on her calendar or visit our offices to arrange a consultation. We are here to support you through every step of your family law journey.
