Who is CAFCASS and what role do they play?
The court appoints CAFCASS to become involved in the proceedings in matters relating to children. Often described as ‘eyes and ears’ of the court, CAFCASS ensures that the children’s voices are heard and advises the court on what they consider to be in the best interest of the child.
About CAFCASS
The Children and Family Court Advisory and Support Service (CAFCASS) is a non-departmental public body established to promote the welfare of children involved in family proceedings.
The primary role of CAFCASS is to represent the interests of the child in care and supervision proceedings. CAFCASS officers also assist in separating couples who are unable to agree on arrangements for children.
Role of CAFCASS
The CAFCASS is involved in
- Safeguarding and promoting the best interests and welfare of the children
- Advices family court making critical decisions about the child’s future
- Represents child in the family law proceedings and appointed as children’s guardian in serious cases
- Provide advice and support to the concerned families and their children
What does CAFCASS do?
After submitting an application, the matter will be listed for First Hearing Dispute Resolution Hearing Appointment (FHDRA). Prior to the first hearing, the case will be referred to CAFCASS. The allocated case worker will carry out the following
- Safeguarding Checks – CAFCASS officer will carry out preliminary safeguarding checks. It involves contacting police and local authorities for a criminal record to ascertain whether there is a safety or welfare risk involving the child.
- Telephone Interview – CAFCASS caseworker will schedule a telephone interview with each parent to find out about the welfare and safety concerns that they may have regarding the children involved in the proceeding.
- Safeguarding Letter – What happens next is that the CAFCASS officer prepares a safeguarding letter three days before the first court hearing. The letter states the outcome of the CAFCASS’s enquiries, safeguarding checks, and any concerns raised by parents during the telephone interview as well as their recommendations to the court.
The CAFCASS officer will attend the first hearing and help both parties reach an agreement. If there are no safeguarding or welfare concerns and the court is satisfied that both parties can reach a suitable and safe agreement, CAFCASS will no longer be involved in the court.
Both parties will be directed to reach an agreement voluntarily. If the parents can not agree on an arrangement regarding the child or children, the court will decide the matter in the final hearing.
If CAFCASS has security concerns, the court will direct them to complete and submit a Section 7 report. It is a more detailed report that takes 3-4 months to complete. The CAFCASS officer will speak to the children to ascertain what they want to happen. Moreover, they will speak to the parents, family members, teachers, and health workers.
After the submission of the Section 7 report, the court will hear from both parties, still, if the agreement can not be reached, the case will be listed for further directions hearing or a Final hearing requiring both parties to submit evidence.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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