The Children and Family Court Advisory and Support Service (Cafcass) is an independent organisation that represents the interests of the child during family law proceedings. Each case is different, and the involvement of Cafcass varies depending on the circumstances. This blog explains in detail what their role is, including what it means when the court asks for a Section 7 Report.
What does Cafcass do?
When an application under the Children Act is made, the family court engages Cafcass. An officer, also known as a Family Court Adviser, is then appointed to assess the current child arrangements, conduct safeguarding checks and advise on the welfare of the child involved in proceedings.
These checks may include identifying any previous involvement from social services and reviewing police records for criminal activity or a history of domestic abuse.
Following this, Cafcass will draft a safeguarding letter outlining if there are any concerns for the child. The court will then decide whether there should be further involvement from Cafcass.
When is Cafcass involved?
Cafcass can be involved in both public and private children law matters, although their role in each is different. In private law matters, Cafcass may assist parents to reach an agreement about child arrangements during a separation.
If safeguarding concerns are raised during the initial checks, Cafcass will continue to work with the family on these issues throughout proceedings. The court may also request a child welfare report, known as a Section 7 Report, for a more detailed assessment of the circumstances.
What is a Section 7 Report?
A Section 7 Report is a more in-depth welfare report which is typically requested when there are safeguarding concerns. The report details the relevant background information about the family dynamic, the concerns raised and will include recommendations based on the child’s best interests. It’s usually written by a Cafcass officer, but in circumstances where the local authority is already involved with the family, then the court can direct the local authority to write the report.
To prepare the report, the Cafcass officer (or local authority) will meet individually with the parents, the child where appropriate, and relevant parties, such as health professionals or schools.
The ‘welfare checklist’, is used as guidance throughout, so the Cafcass officer will take into account the harm the child may have already suffered, their emotional needs, age, background, the likely impact of any changes on the child and more, while drafting the report.
Their recommendations can cover a range of issues, such as where the child should live or how much time should be spent with a parent, and the court may take into account these recommendations when reaching its final conclusion. The report will be shared with all parties, unless the court directs otherwise, and will be discussed at a hearing.
Rosie Bracher Solicitors has deep experience with both public and private children law matters involving Cafcass. If you have an enquiry about a family law matter, please contact us for an appointment in Okehampton or Barnstaple.
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