The role of Cafcass  

Who are they? What do they do?

Cafcass is an independent organisation tasked with looking after the interests of children involved in family proceedings. Cafcass work with children and their families and advises the court on what it considers to be in the children’s best interests. Cafcass prepare two types of documents: the safeguarding letter and a Cafcass report. The safe guarding letter is automatically prepared in readiness for each and every FHDRA. The Cafcass report is only prepared if the court asks Cafcass to prepare this report.

Cafcass Safeguarding Letter 

This is a letter a Cafcass officer will write and send to you and the court before your first hearing. 

A Cafcass officer will separately call you (and your ex-partner) to discuss what the dispute is about, and to check whether you have any concerns about the safety or welfare of your child(ren).

Make sure you bring a copy of the Cafcass letter to your first hearing – the judge cannot make any interim orders without making sure Cafcass have carried out their safeguarding checks, even if you and your ex-partner have agreed to settle things at the first hearing. 

Cafcass Report (a “Section 7 Report”)

This is a report which the court may ask Cafcass to prepare  to help the court to decide the outcome of the dispute about your child(ren).  

A Cafcass officer will prepare this report after meeting with both parties (mum and dad) and the child(ren). The Cafcass officer will make recommendations about what s/he thinks is in the best interests of the child’s welfare. Recommendations are not binding on the court but the court does tend to follow the recommendations.

A copy of the final report will be sent to the court and to both parties in the dispute (mum and dad).  

Normally, this report is directed at the FHDRA and prepared in readiness for the Dispute Resolution Hearing.

You can argue against the recommendations made in the Cafcass report and point out anything which is factually incorrect. Should you do this, ensure you convey your points politely and factually, as opposed to personally against the personality of the Cafcass officer.

Investigation by the Local Authority (a “Section 37 Report”)

If the court thinks your child(ren) may have suffered significant harm due to lack of care or abuse, it may ask the local authority in your area to investigate your child(ren)’s circumstances, instead of Cafcass. The local authority is also directed to prepare this report if the family is known to the local authority.

The local authority will then write a Section 37 Report, which the court will use to help it decide what steps to take.