What is a CAFCASS safeguarding letter in children court proceedings?
When you are applying for a child arrangement order, specific issue order or prohibited steps order, or responding to a court application made by your former partner, you are likely to come across the phrase ‘safeguarding letter.’
In this blog, our specialist Family Law Solicitors examine what a safeguarding letter is in children's court proceedings.
Contact OTS Solicitors Today for Expert Family Law Advice.
What is CAFCASS?
To understand what a safeguarding letter is, it is first important to understand what CAFCASS is and its role in children's court proceedings. CAFCASS stands for the Children and Family Court Advisory and Support Service.
The role of CAFCASS
CAFCASS represents the interests of children in family court cases in England by:
- Safeguarding and promoting the welfare of children involved in family law court proceedings.
- Independently advising the family court about what child arrangements and court orders are in a child’s best interests. They do this by focusing on the child‘s needs, wishes and feelings.
CAFCASS officers
A CAFCASS officer is a qualified social worker. They are referred to in court proceedings as a family court advisor. Although the family court advisor advises the court and is a social worker, the CAFCASS organisation and its officers act independently of the courts, local authority and social services.
CAFCASS involvement in family law court proceedings
The role of CAFCASS in children's law court proceedings is to:
- Provide safeguarding information.
- If ordered to do so by the court, prepare a CAFCASS report to advise the court on what CAFCASS considers to be in the child’s best interests.
CAFCASS provides safeguarding information at the outset of any relevant children law court proceedings. However, even if both parents request that CAFCASS prepare a report, the agency can only conduct further inquiries and prepare a report if the court orders it to do so.
Court proceedings in which CAFCASS is involved
CAFCASS will be involved at the start of any application for:
- Child arrangement orders – previously known as custody or residence orders, or access or contact orders.
- Specific issue orders.
- Prohibited steps orders.
- Orders to relocate within the UK with a child.
- Orders to relocate overseas with a child.
- Holiday orders.
- Guardianship orders.
In all these children's law court proceedings, CAFCASS will conduct safeguarding inquiries before the first court hearing. At the first court hearing, the judge will decide whether CAFCASS should have any further involvement in the court application. If so, the court will order a family court advisor to file a report.
The First Hearing Dispute Resolution Appointment or FHDRA
At the First Hearing Dispute Resolution Appointment (FHDRA), the court should have safeguarding information to help the judge determine the appropriate interim orders, including whether a full CAFCASS report is necessary.
The CAFCASS safeguarding letter
A CAFCASS safeguarding letter is a short letter or report setting out the safeguarding enquiries made by a CAFCASS officer before the first court hearing or FHDRA.
The safeguarding letter may significantly influence whether the judge considers it necessary to commission a CAFCASS report and the interim parenting arrangements. It is therefore best to cooperate with the safeguarding checks and ensure that you are available to speak to the CAFCASS officer.
The CAFCASS safeguarding enquiries
Safeguarding enquiries by CAFCASS commonly involve a family court advisor:
- Carrying out criminal conviction checks against the parents or any relevant third party.
- Contacting the Local Authority and social services department to see if there are any historical or current welfare concerns. For example, a child may be on the child protection register, or the school may have flagged attendance or other issues.
- Speaking to each parent (generally by telephone) to allow each parent to raise or explain any safeguarding concerns. For example, allegations of domestic violence.
Criminal convictions and safeguarding reports
If a parent or relevant third party (such as a new partner) has a criminal conviction, it may not pose safeguarding issues. It all depends on the nature of the offence. For example, a domestic violence allegation leading to an assault conviction or a sexual offence conviction would raise a safeguarding issue. However, even if a safeguarding issue is identified, it does not necessarily mean a child cannot live with or have contact with the parent.
It is the job of CAFCASS to flag up convictions as safeguarding issues, and the role of the court to determine their relevance and decide what orders are in the child's best interests.
The contents of a safeguarding letter
After making their enquiries, CAFCASS should produce a short safeguarding letter for the court highlighting any safeguarding issues. The safeguarding letter is short. The letter’s role is not to say whether a parent's safeguarding allegations are true, but to flag safeguarding issues for consideration within the children law proceedings.
The importance of the safeguarding enquiries
The safeguarding letter is important because, if parents cannot reach an agreement at the FHDRA hearing, the court is likely to determine CAFCASS's further involvement in the children's court proceedings, in part based on its contents.
For example:
- If no safeguarding issues are raised, the court may conclude that it doesn’t need a full CAFCASS report.
- If domestic violence safeguarding concerns are raised and disputed by the other parent, the court may conclude that a finding of fact hearing is necessary to decide whether the domestic violence allegations are proved before it can go on to make child custody or contact orders.
What is the difference between a safeguarding letter and a CAFCASS report?
Although safeguarding letters and CAFCASS reports are both prepared by a family court advisor, they are very different. A safeguarding letter is a report on preliminary enquiries that flags any issues for the judge at the FDHRA hearing. A full CAFCASS report is ordered only if the court deems it necessary.
The court will hear arguments from each parent’s Family Law Solicitor about whether a CAFCASS report is necessary, based on whether there are concerns for the welfare of the child or anyone else involved. The fact that a CAFCASS report is ordered does not mean that the judge believes the welfare allegations are true. It simply means the judge believes a CAFCASS report on the child, their circumstances, and their best interests would be helpful.
What is the difference between a CAFCASS report and a Section 7 report?
A CAFCASS report is sometimes referred to as a Section 7 report because the judge orders it under Section 7 of the Children Act 1989.
Talk to Family Law Solicitors in London
At OTS Solicitors, our Family Lawyers are experienced in guiding applicants and respondents through the court process. Our Family Law Solicitors can help you if you require advice before starting a court application on the range of non-court dispute resolution options to try and help you secure the parenting arrangements you seek, or if you need legal representation at a first hearing or final hearing of a children law application.
Contact OTS Solicitors Today for Expert Family Law Advice.
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