Preparing for Cafcass: keeping the focus on your child

Cafcass stands for the Children and Family Court Advisory and Support Service.

Cafcass works with children and families in family court proceedings in England. Its Family Court Advisers are independent of the parties and provide information, assessment and recommendations to the court.

In Wales, the equivalent service is Cafcass Cymru. Although its role is similar, the procedure and terminology may differ.

Cafcass does not act for either parent and does not make the final decision. The court remains responsible for deciding what orders, if any, are in the child’s best interests.

Before the initial court hearing, Cafcass will commonly:

• carry out safeguarding checks with the police;
• obtain information from the relevant local authority;
• review the application and any response or allegations of harm;
• speak separately with the parties, usually by telephone; and
• provide safeguarding information and initial advice to the court.

This information may be set out in a safeguarding letter or another initial assessment document, depending on the procedure being followed in the relevant court area.

The court process is changing in some regions, so the name and timing of the first assessment or hearing may differ. Clients should follow the directions and correspondence issued in their particular case.

The initial Cafcass interview will usually concentrate on:

• the child’s current living and care arrangements;
• the child’s relationship with each parent and other important family members;
• any safeguarding or welfare concerns;
• police, social-services or previous court involvement;
• allegations of domestic abuse or harmful conflict;
• the effect of the dispute on the child;
• the arrangements each parent is proposing;
• whether any agreement may be possible; and
• what steps may be needed to keep the child safe.

Cafcass currently advises parents to ensure that they are somewhere private for the interview and to allow up to approximately 45 minutes, although the length will depend on the circumstances.

The interview is an opportunity to provide relevant information. It should not be approached as an argument to be won or as a general account of every difficulty within the adult relationship.

Before the interview, it may help to prepare a short note covering:

• the child’s age, routine, school or nursery and any health or additional needs;
• the arrangements currently taking place;
• the arrangements that existed before the dispute;
• the order or outcome being requested;
• how the proposed arrangements would work in practice;
• any immediate safeguarding concerns;
• the dates and details of the most important incidents;
• any police, social-services, medical or professional involvement;
• any relevant existing court orders;
• steps already taken to resolve the dispute; and
• proposals for safe and workable arrangements going forward.

The note should be used as a prompt rather than read as a prepared speech.

A helpful approach is to:

• answer questions honestly and directly;
• keep the child’s experience at the centre of the discussion;
• distinguish between known facts, personal concerns and information reported by somebody else;
• provide specific examples and dates where possible;
• explain how an issue has affected, or may affect, the child;
• acknowledge any difficulties that are not disputed;
• identify practical solutions as well as concerns;
• remain calm and respectful, even where the allegations are upsetting; and
• say when an answer is not known rather than guessing.

Parents should avoid:

• concentrating entirely on the other parent’s character;
• using labels without explaining the underlying behaviour;
• exaggerating or speculating;
• minimising genuine safeguarding concerns;
• presenting every disagreement as a risk of harm;
• sending large quantities of documents without being asked;
• involving the child in preparing the parent’s account; or
• coaching or rehearsing what the child should say.

Domestic abuse and safeguarding concerns should be explained clearly and accurately.

Where relevant, the parent should identify:

• what is alleged to have happened;
• approximately when it happened;
• whether the child saw, heard or was affected by it;
• whether the behaviour is continuing;
• whether it was reported to the police or another professional;
• whether any protective order or bail condition exists;
• what current risk is said to arise; and
• what protective arrangements are being requested.

The focus should remain on the behaviour, its impact on the child and the steps needed to manage risk.

If a child or adult is in immediate danger, the appropriate emergency or safeguarding service should be contacted. A Cafcass interview is not a substitute for reporting an immediate risk to the police or local-authority children’s services.

The safeguarding letter will commonly summarise:

• the current arrangements for the child;
• the outcome of police and local-authority checks;
• relevant information provided by each party;
• any identified welfare or safeguarding concerns; and
• Cafcass’s initial advice to the court.

Parents should read the letter carefully before the hearing.

If it contains an important factual error, this should be identified promptly, clearly and respectfully. A disagreement with an opinion or recommendation is different from a factual error and should be addressed through evidence and focused submissions to the court.

Cafcass cannot change or overturn a court decision. Concerns about the court’s order must be raised through the appropriate court process rather than through the Cafcass complaints procedure.

If the court needs a fuller assessment, it may direct Cafcass or the local authority to prepare a report under section 7 of the Children Act 1989.

The order should identify the issues the report must address. These may include:

• the child’s wishes and feelings;
• the child’s relationship with each parent;
• allegations of domestic abuse or harm;
• conflict between the parents;
• parenting capacity;
• proposed living or spending-time arrangements;
• the child’s education, health or additional needs; and
• any safeguards required.

The Family Court Adviser will decide what information is needed to complete the assessment. This may include speaking with:

• each parent;
• the child, where appropriate;
• the child’s school or nursery;
• health professionals;
• social workers; or
• other people with relevant information.

The weight given to a child’s wishes and feelings will depend on their age, understanding and individual circumstances. The child should not be asked to choose between their parents.

Preparation should begin with the court order. The parent should understand exactly what Cafcass has been directed to investigate.

Useful preparation may include:

• a concise chronology of significant events;
• a summary of the child’s needs and routine;
• details of the current and proposed arrangements;
• relevant court orders and professional records;
• a focused schedule of safeguarding concerns;
• evidence showing how arrangements have worked in practice;
• proposals addressing handovers, communication, holidays and decision-making; and
• an explanation of how the proposed outcome meets the child’s welfare needs.

The purpose is not to overwhelm the adviser with material. Documents should be relevant, organised and connected to the issues the court has directed Cafcass to consider.

Common mistakes include:

• approaching the interview as a contest between parents;
• focusing on adult grievances rather than the child;
• making serious allegations without sufficient detail;
• giving an unclear or inconsistent account;
• failing to distinguish evidence from suspicion;
• minimising domestic abuse or safeguarding concerns;
• criticising the other parent without offering practical proposals;
• asking the child what they told Cafcass;
• attempting to coach the child;
• sending excessive documents without explanation;
• misunderstanding an initial safeguarding interview as a full section 7 assessment; and
• assuming that Cafcass makes the final decision.

Price Family Law can provide practical support with:

• understanding the role of Cafcass or Cafcass Cymru;
• identifying the issues Cafcass is likely to consider;
• preparing for an initial safeguarding interview;
• reviewing the application, response and allegations already filed;
• producing a focused child-centred chronology;
• organising safeguarding information and supporting evidence;
• preparing clear and realistic child-arrangements proposals;
• preparing for a section 7 assessment;
• reviewing a safeguarding letter or section 7 report;
• identifying factual inaccuracies or evidence gaps;
• preparing questions or written submissions in response to a report; and
• preparing for the next court hearing.

No particular recommendation or outcome can be guaranteed. Cafcass provides independent advice, and the court makes the final decision.

Cafcass preparation is available as a One-Off Fixed Fee Service or may be included within Complete Case Support where expressly stated in the quotation.

The fee is confirmed following a free consultation and an assessment of:

• the stage of the proceedings;
• the court’s directions;
• the issues Cafcass has been asked to consider;
• the number and volume of relevant documents;
• whether allegations of harm are involved; and
• the agreed preparation required.

The written quotation will confirm the work included, the fixed fee and any relevant timescale.

Documents are reviewed once the scope has been agreed and payment has been received.