Cafcass is an independent organisation tasked with looking after the interests of children involved in family proceedings. Cafcass work with children and their families and advises the court on what it considers to be in the children’s best interests.
Family Court Advisers become involved in cases when children are subject to an application for care or supervision proceedings by social services (public law) or in an adoption applications. Cafcass also provide assistance when parents who are separating or divorcing can’t agree on arrangements for their children (private law).
In cases relating to child contact disputes (such as for a Child Arrangements Order) Cafcass will usually carry out certain checks prior to the first hearing. This will involve them contacting the police and Local Authority to see if there are any known safeguarding or welfare concerns about the child(ren) involved. Cafcass will also usually speak to each parent (usually be telephone) to give them an opportunity to explain any safeguarding or welfare concerns which they have. Cafcass will then prepare a safeguarding letter; this is a short report which Cafcass make available to the court containing the outcomes of the safeguarding checks and any potential welfare issues which have been identified. The safeguarding letter is usually made available to the court at least three days prior to the hearing.
At the first hearing the court will determine the future role of Cafcass in the proceedings. If there are no welfare concerns then a Cafcass officer may still be involved to try to assist the parties in coming to an agreement with minimal further court proceedings. If parents are unable to reach an agreement or there are welfare concerns then the Cafcass officer may be asked to carry out further work with the family and prepare a more detailed report on the welfare issues.