What is CAFCASS’s updated domestic abuse practice policy?

What is The Children Family Court Advisory and Support Service (CAFCASS)?

CAFCASS is a public body, formed in 2001, that was set up to provide advice to the Family Courts about the best interests of the children involved in Court proceedings. 

These Court proceedings generally include applications made under Section 8 of the Children Act 1989 for Child Arrangements Orders where a parent is requesting time to spend with the child or children or for instance to request that the child or children live with them. There are also applications where one parent is applying under the same Act to stop something from happening or for a decision to be made on a specific issue. CAFCASS also advise on proceedings where social services are involved and in adoption cases, among others. 

Updated domestic abuse practice policy

CAFCASS can be required to provide a vast range of assistance and guidance to the Court and families, but they also change policy that encourages new practice and procedure adopted by the Court and family law practitioners. Their most recent change in policy implemented on 26th September 2024 is an example of this taking place.

CAFCASS has now changed its policy as a result of the Harm Panel’s June 2020 which found that, unfortunately, domestic abuse victims were inadequately protected by the family law justice system. A significant change in the policy reflects CAFCASS’ determination to achieve clarity and protection at the earliest opportunity of the involvement for domestic abuse victims. Terms such as ‘claims’ or ‘alleges’ will not be used in their reports used to provide advice in proceedings. CAFCASS have also clarified that where there is a parent under police investigation for sexual offences or has a conviction for such an offence and that parent wishes to spend time with their child or children; the starting recommendation is that the child should not spend time with that parent. 

While it may seem that these sorts of changes should already have been implemented, it is often the way that, unless there is a distinct change in policy, any organisation will not change its practices. Therefore, this is an encouraging change and one which will hopefully achieve further adaptation and development in this area across the family law justice system.   

What will CAFCASS do? 

CAFCASS will begin by conducting safeguarding checks regarding your children. They will engage in discussions with the parents of the children to identify any safeguarding concerns relating to the children's welfare or safety. CAFCASS will also conduct wider checks such as obtaining criminal records or identifying whether the children are known to social services. Following these discussions and checks, CAFCASS will prepare a ‘safeguarding letter’ for the court, highlighting any relevant concerns that the Court should consider. 

If no safeguarding or welfare issues arise, CAFCASS may facilitate an agreement between both parents during the first hearing. However, if matters remain unresolved, the court could request CAFCASS to compile a comprehensive report, known as a Section 7 report. This report will provide recommendations for the court regarding the arrangements that would be in the best interests of the children. CAFCASS will engage in more in-depth discussions with both parents and any other relevant adults, and they may also choose to speak directly with the children. It is important to note that the conclusions of the Section 7 report are merely recommendations. The final decision will rest with the court.

How can Hegarty help? 

Our team of family law experts are here to guide and support you throughout every step of your divorce. We believe in getting you the right result as quickly, inexpensively and amicably as possible. 

No family is the same, and no family problem identical, so contact our team today to talk through what options are available to you.