The Children and Family Court Advisory and Support Service (CAFCASS) plays a crucial role in private children’s proceedings within the family Court system in England and Wales. CAFCASS was established to safeguard the welfare of children, CAFCASS officers are often at the heart of decisions regarding child custody, contact arrangements and other disputes between parents or guardians. Who are CAFCASS? CAFCASS is an independent organisation that operates under the framework of the Children Act 1989. Its primary function is to represent the interests of children in family Court cases, ensuring that their welfare remains the paramount consideration. The service covers both public law cases such as care proceedings initiated by local authorities and private law cases, which typically involve disputes between parents following a separation or divorce. What do CAFCASS do? The role of CAFCASS in private children law proceedings arises when parents or guardians cannot agree on the arrangements for their child’s upbringing. These disputes often concern issues such as where the child will live (residence), who they will spend time with (contact) and decisions related to their education, religion and other aspects of their welfare. When these matters cannot be resolved amicably, one or both parents may apply to the family Court for a Child Arrangements Order. In private children’s proceedings, CACASS officers, also known as family Court advisers, are appointed by the Court to assess the child’s situation and make recommendations in their best interests. The role of a CAFCASS officer is multifaceted and includes the following key responsibilities: Safeguarding checks – a CAFCASS officer conducts initial safeguarding checks which may involve contacting local authorities, the police and other relevant agencies to gather information about any potential risks to the child. The outcome of these checks helps the Court understand whether there are any safeguarding concerns that need to be addressed. Provide a welfare report – if the case proceeds to a contested hearing, the Court may ask the CAFCASS officer to prepare a Section 7 report referring to Section 7 of the Children Act 1989. This welfare report provides a detailed assessment of the child’s needs and circumstances, taking into account their wishes and feelings, the parents ability to meet those needs and any potential risks. The report often forms a critical piece of evidence that informs the Court’s decision. Interviews and observations – to prepare a welfare report, CAFCASS officers typically conduct interviews with both parents, the child (depending on their age and maturity) and other significant individuals involved in the child’s life. They may also observe the child with each parent to gain insights into the child’s relationship with them. Provide recommendations – based on their assessments, CAFCASS officers make recommendations to the Court about arrangements they consider to be in the child’s best interests. These recommendations may include specific suggestions about where the child is to live and with whom, when and how much time they spend with each parent etc. While the Court is not bound to follow these recommendations, they are often given considerable weight by the Court, who rely on the expertise and impartial assessments provided by CAFCASS officers. CAFCASS officers primary focus is the welfare of the child and so CAFCASS is considered to play a vital role in private children’s proceedings by acting as the voice of the child and ensuring that their welfare is the primary consideration in any Court decision. While the work of CAFCASS can sometimes be contentious, their involvement is crucial in helping the family Court reach decisions. The role of CAFCASS will remain central to the fair and effective resolution of private children disputes. How can Morr & Co’s Family Lawyers help? If you would like to discuss your situation with an experienced solicitor, our experienced family team will be able to answer any questions you may have. You can contact them by email info@morrlaw.com or by calling 01737 854500. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Lydia Pilati Associate Solicitor Message On this page Related Stories Guardianship and getting to see your grandchildren View more Contact our team today to find out more
