What CAFCASS is, what it does in child arrangements proceedings, and what to expect from a safeguarding call and any later involvement in your case.
CAFCASS stands for the Children and Family Court Advisory and Support Service. It is an independent public body whose role is to represent the interests of children in family court proceedings. CAFCASS is involved in most child arrangements cases. When you submit a C100, the court automatically notifies CAFCASS, which begins an initial safeguarding process. Depending on how your case progresses, CAFCASS may be involved at a minimal level or, in more complex cases, may play a central role by preparing a detailed report to the court.
After a C100 is issued, CAFCASS carries out preliminary safeguarding checks on both parties. As part of this process, a CAFCASS officer typically contacts both the applicant and the respondent by telephone before the first hearing. This call usually happens within a few weeks of the application being issued.
The call is often brief, around 20 to 30 minutes, and covers the background to the family situation, any safety concerns, and the current arrangements for the child. CAFCASS also runs checks against police records and social services databases as part of this initial process.
The call is not an investigation. It is an initial assessment that shapes what happens at the first hearing and whether further CAFCASS involvement is needed.
Be honest and straightforward. The CAFCASS officer is not on either party's side. They are focused on the children's welfare, and their job is to identify anything that might affect that. It is important to:
Before the first hearing, CAFCASS sends a safeguarding letter to the court setting out the key information from the initial checks and the telephone calls with both parties. This letter identifies any safeguarding concerns, and whether the case warrants further investigation. The court uses this letter when deciding what directions to make at the first hearing.
The safeguarding letter is shared with both parties and their legal representatives. If you have not received it before the hearing, ask the court or CAFCASS.
If the case progresses beyond the first hearing without resolution, the court may direct CAFCASS to prepare a Section 7 report. This is a more detailed welfare report under section 7 of the Children Act 1989. It involves a CAFCASS officer meeting with both parents, meeting with the child or children depending on their age, and sometimes speaking to teachers, health professionals, or other relevant people in the child's life.
Section 7 reports take time to prepare, often three to five months. They contain recommendations to the court on what arrangements would best serve the child's welfare. Courts give significant weight to Section 7 reports, though they are not bound by the recommendations. Section 7 reports are covered in more detail in our dedicated article on what a Section 7 report is and what triggers one.
The safeguarding letter and any Section 7 report are not final decisions. Both parties have the opportunity to respond to CAFCASS's findings at the relevant hearing. If you disagree with a factual finding or a recommendation, you can say so in your position statement and at the hearing itself. The judge decides, taking CAFCASS's contribution as one input among several.
Going through child arrangements proceedings without a solicitor is difficult, and the CAFCASS process is often where people feel most uncertain about what is expected of them. Access to Justice is built for people in exactly this position, it explains what each stage involves and helps you understand what is actually happening. Try it free.
Is the CAFCASS call recorded?
CAFCASS officers take notes during the call, which inform the safeguarding letter. The call itself may or may not be recorded depending on the officer and their practice. Assume that everything you say will be noted and shared with the court.
Can I refuse to speak to CAFCASS?
You can decline the call, but doing so is likely to be noted and may be seen unfavourably by the court. CAFCASS will proceed with the checks they can carry out and will note in their letter that you were not available or did not engage.
Will CAFCASS speak to my children?
At the initial safeguarding stage, CAFCASS generally does not interview children directly unless there is a specific concern. If a Section 7 report is directed, a CAFCASS officer will usually meet with the child or children, with the approach adjusted for the child's age and understanding.
Does CAFCASS decide where the children live?
No. CAFCASS makes recommendations to the court. The court decides. In practice, courts give Section 7 report recommendations significant weight, but the judge is the decision-maker, not CAFCASS. If you disagree with a recommendation, you can say so in your position statement and at the hearing itself, and the judge takes CAFCASS's view as one input among several.
What is a Cafcass Early Help service?
Cafcass Early Help is a service for families where proceedings are already underway or where the court has directed support. It can include parenting programmes and dispute resolution support. Whether it's available and relevant depends on the specific local service offer and the court's directions.
What if the CAFCASS officer gets facts wrong in the safeguarding letter?
Raise the inaccuracy at the first hearing. You can bring the specific factual errors to the judge's attention and explain what the correct position is. Courts understand that CAFCASS letters are based on brief initial contact and can take errors in their stride, provided you raise them clearly.
This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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