Cafcass Report
The court will often ask Cafcass to prepare a report which will assist in determining the outcome of a family court dispute. A Cafcass officer will prepare this report after meeting with both parties and the child (alone where possible and only if the child has sufficient maturity and understanding). This more detailed report is known as a Section 7 Report.
When writing a report the Cafcass officer will have specific regard to what is known as the ‘welfare checklist‘.
This is not a checklist in the traditional sense but instead acts as guidance when considering what is in the best interests of any child(ren). The law is clear, that when making any decisions concerning a child the welfare of that child shall be the paramount consideration.
The Cafcass officer, and eventually the Judge, will have considered the following when forming their conclusions:
the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
his physical, emotional and educational needs
the likely effect on him of any change in his circumstances
his age, sex, background and any characteristics of his which the court considers relevant
any harm which he has suffered or is at risk of suffering
how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
the range of powers available to the court under this Act in the proceedings in question.
That is not to say that either the Cafcass officer or the Judge will go through and tick things off of the checklist, but rather they will use the above as a guide to inform their decision making and come to an overall conclusion based on the child(ren)’s welfare.
The Cafcass report will be sent to the court, once finalised, and a copy will likely be sent to all parties unless directed otherwise by the court.
The parties can argue against the recommendations of the Cafcass report and dispute any factual inaccuracies in the court hearing following the report being finalised. Furthermore, the Cafcass officer who conducted the report can be asked to attend the court and be subject to cross-examination.
If a party intends to contest the content of a Cafcass report, it is important to frame a clear, concise argument and provide evidence where possible in support of their position.