The role of CAFCASS and Safeguarding Children

Who is Cafcass and what is their role?

CAFCASS stands for Children and Family Court Advisory and Support Service.

The role of CAFCASS in the family court is to safeguard and promote the welfare of children, representing their best interests. Cafcass advises the Court and makes recommendations to assist the Court in making informed decisions.

The Court will appoint a Cafcass Officer or Family Court Adviser (FCA) to make preliminary enquiries and safeguarding checks. Cafcass will arrange an initial interview with the parties which will usually take place remotely, via telephone or video. The FCA will then prepare a short report, known as a safeguarding letter. This will be filed with the Court and sent to the parties at least three days before the First Hearing.

What is a Safeguarding Letter?

A safeguarding letter outlines any current arrangements for the child, such as where they live and whom they spend time with.  These reports include the outcomes of any safeguarding checks the FCA carried out with the police and local authorities. Additionally, the safeguarding letter summarises what was discussed during the interviews with each party involved in the case.

The safeguarding letter typically concludes with an analysis and recommendations from the FCA on whether there are any concerns about the child’s welfare, including any risk of harm. The FCA may recommend a further assessment under Section 7 of the Children Act 1989 if matters remain unresolved with outstanding safeguarding concerns.

For more information on Section 7 Reports, please visit our blog post “Section 7 Reports: Their Role and Impact in Family Law Proceedings”.

CAFCASS’ and the Court’s duty to safeguard children

CAFCASS represents the voice of the child in family court proceedings by independently assessing their wishes, feelings, and best interests, and advising the court on arrangements that promote the child’s welfare and safety.

CAFCASS plays a key role in identifying safeguarding concerns early on by conducting initial screening checks and engaging with both parties soon after court proceedings are issued.

The emotional and psychological impact of harm on children is profound, whether they have witnessed it directly or indirectly. As legal professionals, or parents, understanding how to safeguard children throughout court proceedings is not just a legal duty, it’s a moral one.

Under Practice Direction 12J of the Family Procedure Rules, the Court must consider whether domestic abuse has occurred and, if so, how it affects the child’s welfare.

From a legal standpoint, children do not need to witness abuse directly to be harmed by it. Exposure to coercive control, emotional abuse, or an atmosphere of fear can amount to child abuse.

The Court has a duty to ensure that contact arrangements do not expose a child to harm, or further harm. Under UK law, the child’s welfare is the court’s paramount consideration.

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