False Allegations and No Further Action: What It Means in the Family Court

By Hannah OvertonPublished 9 November 2026Last reviewed 9 November 202615 mins read10 sections

Part of: False allegations of domestic violence

Have the police told you they will take no further action on allegations you say are false? No further action (NFA) means the police or prosecutors have stopped the criminal case for now. It does not prove the allegations were false, and the family court can still look at them.

No further action does not mean nothing happened. Genuine victims of abuse can see a case end without charge, and our guide to police evidence in the family court explains how such material may still be used. This guide covers England and Wales.

The mistake to avoid comes straight after the letter: treating it as the end of the matter. A parent may then skip the court form, or send the other parent a message about it. That can cost the chance to answer early, and the message itself may later reach the judge.

What does no further action mean after an allegation you say is false?

It means the police or prosecutors have decided not to take the criminal case further at this point. It is a decision about the criminal case, and it makes no finding either way about what happened.

The police run the investigation. In more serious or complex cases, the Code for Crown Prosecutors says Crown Prosecution Service (CPS) prosecutors decide whether a person should be charged. They need a realistic prospect of conviction, which means a court is “more likely than not to convict”. A criminal court may only convict if it is sure.

That is a high bar, and a case can fall short of it for many reasons. For example, CPS guidance notes that most rape and domestic abuse cases involve one person’s word against another.

A social worker can also close an enquiry with no further action. That is a separate decision about a child’s safety, and our social services investigation guide explains it.

Can a no further action decision be reopened?

Sometimes, but rarely. Prosecutors can still bring a charge after no further action, although this is not the usual course. Section 10 of the Code says that normally a case will not start again once the CPS has told a suspect there will be no prosecution. Occasionally, though, the CPS will overturn that decision, for instance where more significant evidence comes to light later or a further review shows the decision was wrong.

A person who says they suffered harm from the crime can also ask for a review. The Victims’ Right to Review scheme covers certain CPS decisions, and a request about a police decision goes to the police force itself. The CPS says suspects “are not routinely informed” of a request, and that the police should have told them a prosecution “may still be brought” if further evidence comes to light or the decision is reconsidered. So do not treat the letter as final, and keep it safe.

Does no further action prove the allegation was false?

No, no further action does not prove the allegation was false. It does not prove the allegation was true either.

The CPS makes a similar point. Its guidance on allegedly false allegations explains that when a case fails on the evidence, that “does not mean that the prosecution can prove that it was false”.

Where a parent says they faced false allegations, no further action leaves that question open. Telling the judge “the police dropped it” does not answer the allegation, and the other parent cannot treat the police investigation as proof that it happened.

If you are the person who reported abuse and the police took no further action, you can still go to the family court and ask for protection. Our guide to the non-molestation order explains how. If you are in danger, call 999.

Can the family court still look at allegations you say are false after no further action?

Yes, the family court can still look at the allegation, because it makes a different decision on a different standard. A criminal court must be sure, while the family court decides what is more likely than not to have happened.

The Cafcass domestic abuse practice policy (page 14) describes the balance of probabilities as “a lower threshold than in criminal cases”. So a judge can find that something happened even where the police took no further action. A judge can also find that it did not.

Will the court hold a fact-finding hearing?

Under paragraph 16 of Practice Direction 12J, the court should decide as soon as possible whether it needs a fact-finding hearing on any disputed allegation of domestic abuse. Our guide to the fact-finding hearing covers what happens next.

If the court directs a hearing, paragraph 19 says it should consider setting out the key facts in a schedule or table, including any pattern of coercive and controlling behaviour and what the respondent says in reply. Many people still call this a Scott schedule, although the current Practice Direction no longer uses that name.

Which decision is which?

What should I do in a family case after no further action?

Answer the allegation in the family case on time, keep to any order that stands, and gather your documents. Do not raise the allegation with the other parent, and seek legal advice before you file anything.

If you say these were false allegations, no further action does not remove your deadlines. So work through these steps first:

1. Answer on time. Practice Direction 12B says a respondent to an application on Form C100 (the person answering it) must send Form C7 (the response form) and, where applicable, Form C1A to the court within 14 days of receiving the application, unless the court sets a shorter time. In courts running the child-focused pilot (Practice Direction 36Z), the form must go in as soon as possible and in any event within those 14 days.
2. Keep to every order. The police decision does not lift a family court order. Breaking a non-molestation order without reasonable excuse is a criminal offence, and an undertaking given to the court in place of such an order is enforceable as if it were a court order. To change an order, you apply to the court.
3. Keep the decision in writing. Save the no further action letter or email, its date, and the name of the officer in the case. If you were only told by phone, ask the officer to confirm it in writing. Then ask your lawyer whether the court should direct the police to provide documents. Our guide to police evidence in the family court explains how that works.
4. Build your own timeline. Write down the dates you can prove, and preserve evidence such as complete message threads and call logs. Your statement can then stay on the facts and on your child.

What should I avoid?

A parent in this position might want to text the other parent about the decision. That message can look like pressure, and the judge may end up reading it. So avoid these:

• Contacting the other parent about the allegation or the police decision, directly or through family or friends.
• Asking anyone to change their account. The CPS lists trying to persuade a witness to alter their evidence as conduct that can pervert the course of justice.
• Posting about it online, or telling the school or wider family that it has been “proved false”.
• Talking to your child about the allegation.

Where do you stand after no further action on allegations you say are false?

Your next step depends on whether there is a case, an order and a live allegation. Answer the three questions below to see which situation you are in.

Will no further action show on an enhanced DBS check?

It can. A no further action decision is neither a conviction nor a caution, which are what a standard certificate lists. An enhanced DBS check is different: GOV.UK’s guidance on DBS checks says it also includes a check of information held by police forces.

Under section 113B of the Police Act 1997, a senior police officer (the chief officer) adds information only if they reasonably believe it is relevant and think it ought to be included. The statutory disclosure guidance says chief officers “are not required to conclude whether the information is true”, but they should decide that it “is not lacking in substance” and that “it is reasonable to believe it may be true”. When deciding whether to let the applicant respond first, it also asks whether the applicant has ever had a fair opportunity to answer an allegation.

GOV.UK says a mistake on a standard or enhanced certificate should be reported within 3 months of the date on the certificate. If the police do not agree, GOV.UK says the dispute can go to the Independent Monitor where the objection is that the information is not relevant to the position or should not be included.

Who deals with the police and DBS side?

This guide covers the family court. For police interviews, questions about police records and any challenge to a DBS certificate, speak to a criminal defence specialist.

Can anything be done about an allegation you say is false?

You can answer it in the family case, where a judge can find that it did not happen. A criminal charge is different: the threshold is high, and that decision is for the police and the CPS. Threatening to report the other parent should never be part of your plan, because a threat can look like pressure and make your family case harder.

A parent cannot simply ask for the other parent to be charged. Where someone faces an accusation of making a false allegation of rape, another sexual offence or domestic abuse, the CPS guidance says prosecutions “will be extremely rare”. If the original allegation might reasonably be true, the prosecutor should bring no charge. The same guidance says people making truthful allegations should not be deterred from reporting, and it accepts that people sometimes retract true allegations. The offences in question are wasting police time (section 5(2) of the Criminal Law Act 1967) and perverting the course of justice.

Our guide to false allegations of domestic violence covers the family court answer in more depth. If someone is spreading the claim to others, the guide to a smear campaign explains the options, including the harassment route under section 1 of the Protection from Harassment Act 1997, where defamation starts and why it is rarely the first step.

Frequently asked questions about false allegations, no further action and the family court

Is no further action a good outcome?

It means no prosecution for now, but it is not a finding in your favour. Even where you say the allegations were false, no further action does not end the family case, and the court can still look at them.

Does no further action mean I can see my children again?

Not by itself. The police decision does not end any court order or undertaking. An order or undertaking stays in force until it ends under its own terms or by law, or until the court changes it. A non-molestation order, for example, can be made “for a specified period or until further order”. Police bail conditions belong to the criminal case, so ask the officer in the case in writing whether any still apply.

If there is no order and arrangements cannot be agreed, or you want an order changed, you can apply to the family court, which decides with the child’s welfare as its paramount consideration. The court may have directed a fact-finding hearing, or disputed allegations of domestic abuse may otherwise remain undetermined. In either situation, paragraph 25 of Practice Direction 12J says the court should make an interim child arrangements order only if it is in the child’s interests and would not expose the child or the other parent to an unmanageable risk of harm.

Should I tell Cafcass about the no further action decision?

If Cafcass (or Cafcass Cymru in Wales) asks, or the allegation is part of the case, give the date and the decision accurately. Avoid saying it proves the allegation false, because it does not.

Does no further action mean not guilty?

No. A not guilty verdict comes from a criminal court, and the Code for Crown Prosecutors says a court may only convict if it is sure. No further action means the case stopped before that stage, so no court has decided either way.

Is no further action a criminal record?

Not as a conviction or caution. The decision is neither, and those are the items GOV.UK says a standard certificate lists. An enhanced certificate also includes a check of information held by police forces, so ask a criminal defence specialist what the police hold.

What matters most in the weeks after the decision?

Your messages and your paperwork matter most, because a court may later read both. A calm, accurate response shows what is in dispute.

“No further action stops the police side for now, yet the family court may still need to decide what keeps a child safe. The court asks a different question: what is likely to have happened, and what does it mean for this child? So the letter alone settles nothing in the family case, whichever parent you are. Each point still needs a direct answer, and a parent who reported abuse can still ask the court for protection.”

Hannah Overton, Complex Children Specialist & Client Support, Kabir Family Law

Who can help with the family case after no further action?

If you say the allegations are false and the police have taken no further action, our family law specialists can help with the family court side, from your response to any fact-finding hearing.