CAFCASS plays a crucial role in children proceedings. Their primary concern is promoting the welfare of children involved in family court cases. CAFCASS provides independent recommendations to the Court about the child, taking into account any safeguarding concerns that they have and what they consider to be in the best interests of the child.
CAFCASS will usually carry out preliminary checks ahead of the FHDRA hearing, including contacting the police and Local Authority to ascertain whether there are any safeguarding or welfare concerns about the child involved, and they will usually speak to each parent to understand their position and any concerns that they may have. They will then prepare a safeguarding letter which will contain the outcome of the checks undertaken and any issues that they have identified. At the FHDRA, it will be determined whether CAFCASS should remain involved in the proceedings.
Sometimes, CAFCASS will be asked to prepare a report to assist in determining the outcome of the application, possibly when there are safeguarding issues or major unresolved disputes between the parents. This report is known as a Section 7 Report. When preparing the report, CAFCASS will often meet with both parents and the child (provided that the child is old enough to understand and express their wishes and feelings), and any relevant third parties such as the child’s school. The report will set out CAFCASS’ findings and will give CAFCASS’ overall recommendations to assist the Court with making a final decision. CAFCASS will take into account similar factors as the Court (as listed above) when making their recommendations.
The Court is not bound to follow CAFCASS’ recommendations, but they often they carry significant weight.
Our family law solicitors offer an initial free consultation, which you can book by emailing us at family@mincoffs.co.uk, or call our expert team on 0191 281 6151 today.
