CAFCASS and Social Workers | Who They Are and How They Can Help in Family Court Cases?

When families go through separation or face difficult circumstances, the welfare of children is always the court’s top priority. In many cases, CAFCASS (Children and Family Court Advisory and Support Service) and social workers play a vital role in ensuring children’s voices are heard and their best interests are protected.

What is CAFCASS?

CAFCASS is the organisation that represents children in family court cases in England. In Wales, the equivalent body is CAFCASS Cymru.

It was formed from the merger of three former services: the Guardian ad Litem Service, the Family Court Welfare Service and the Official Solicitor’s Children’s Department.

Cafcass Officers, also known as Family Court Advisors (or if you are in Wales, they are called Welsh Family Proceedings Officers) are qualified Social Workers who look after the interests of children involved in Court Proceedings.

Their role is to advise the court on what arrangements would best support a child’s safety, welfare, and development.

They are involved in:

• Private Law Children Cases – where parents or carers cannot agree on child arrangements after separation
• Public Law Children Cases – where the local authority has concerns about a child’s safety or welfare
• Adoption proceedings

Whenever an application is made for a Child Arrangements Order - covering where a child lives, who they spend time with, or how contact takes place - the court sends a copy of the Court Application to CAFCASS.

The Role of CAFCASS in Family Court

CAFCASS Officers are there to:

• Safeguard and promote the welfare of children
• Give advice to the Court about any application made to it in cases regarding children
• Arrange for the children to be represented separately from their parents if necessary (under Rule 16.4 of the Family Procedure Rules 2020). This happens in a small number of cases where the conflict between the parents threatens to compromise the interests of the children or drown out their voice or when the case is complex for other reasons
• Provide information, advice and other support for the children and their families

CAFCASS Officers carry out these duties by helping your family agree arrangements for your child (if possible), carrying out initial safeguarding checks by way of:

• Looking at your applications forms (C100 and C1A) to see if any concerns about the children’s safety have been raised. This might be in relation to domestic abuse of any form, child abuse or neglect
• Checking whether you or your children, or the other party have had any involvement with the Police or Local Authority, and if they have, any concerns about the safety of you and your children
• Speaking with each party individually to listen and understand any concerns you may have

These checks are to ensure that your children are safe, and the findings are summarised in a Safeguarding Letter (also known as a Schedule 2 Letter) for the court, which may include recommendations on the next steps.

What Do Social Workers Do?

Social Workers are trained professionals who work with people of all ages, at times in their lives when the need support, care and protection.

Children’s Social Workers focus on protecting children, managing risks, and helping families make positive changes. They often work alongside the police, teachers, health professionals, and the courts to bring these professionals together to work in the best interests of children and supporting families.

The Children’s Social Worker’s role is to help families and children in need to overcome the challenges they face and improve their quality of life. This can involve everything from providing counselling and support to families facing difficult life situations, such as abuse, neglect, or poverty, to advocating for the rights of children and ensuring they receive the services and resources they need. Children’s Social Worker’s also work with families to identify and address any underlying social and economic factors that may be contributing to the challenges they are facing.

Children’s Social Workers in Private Law Proceedings

If the Local Authority is already involved with your family, the Court is likely to ask the Social Worker allocated to you to prepare a Report for Court because they will already be familiar with the background. If the Local Authority is not involved, then the Court will ask CAFCASS to prepare the Report.

When preparing a report, social workers may:

• Speak with the children (if age-appropriate) about their wishes and feelings
• Meet with each parent to discuss arrangements and concerns
• Observe contact between children and each parent
• Visit family homes
• Consult with other professionals such as teachers, doctors, or the police if they have been involved with the family

The social worker will have access to the court file, including application forms, witness statements, and other relevant documents.

How Our Family Law Team Can Help

Navigating CAFCASS involvement and social worker assessments can feel daunting - but you don’t have to go through it alone.

Our specialist family law solicitors have extensive experience guiding clients through Children Act applications and proceedings. We focus on achieving the right outcome for your children in the quickest, most cost-effective, and amicable way possible.

Contact us today to discuss your situation and get clear, practical advice on your next steps.