Preparing for a Cafcass Interview

Before the first court hearing in a child arrangements case, Cafcass carries out safeguarding checks with the police and the local authority and, in most cases, holds a telephone interview, often called the Cafcass safeguarding call, with each parent separately. Only the people who are parties to the case are interviewed, and Cafcass does not speak to children at this stage. What you say goes into a short safeguarding letter that reaches the court before the first hearing. This guide explains the Cafcass telephone interview questions to be ready for, what happens on the call and how to prepare. In Wales the same work is done by Cafcass Cymru.

Key takeaways

• Checks first: Cafcass checks with the police and the local authority for any concerns about your child’s welfare or safety (Cafcass).
• A phone interview with each party: your welcome letter tells you the date and time, and the call usually lasts about 30 minutes (Cafcass).
• A letter to the judge: the safeguarding letter must reach the court within 17 working days of Cafcass receiving the application and at least 3 working days before the first hearing (Practice Direction 12B, para 13.7).
• Stay focused on your child: the call is about your child’s welfare and safety, not about winning an argument with the other parent.
• The judge decides: Cafcass advises the court, but the decision is the judge’s, with your child’s welfare as the paramount consideration (Children Act 1989, s.1).

What happens in a Cafcass safeguarding interview?

When a court receives a private law application about a child, it notifies Cafcass and sends a copy of the application form and supporting documents. Before the first hearing, Cafcass then:

1. Carries out safeguarding checks with the police and the local authority.
2. Sends you a welcome letter telling you when your telephone interview will take place, followed by a text reminder on the day.
3. Holds a telephone interview with you and, separately, with the other party, to find out whether either of you has concerns about your child’s welfare or safety. Home visits are unlikely before the first hearing.
4. Writes a safeguarding letter to the court on the outcome of the checks and any welfare issues you and the other party raised. You might receive a copy.

Calls can take place close to the hearing date, so do not worry if you do not hear from Cafcass straight after the welcome letter (Cafcass). For the wider picture of what Cafcass does, see our guide to the role of Cafcass.

Who do Cafcass speak to first?

Cafcass’s own guidance says it talks to you and your child’s other parent or carer, but it does not publish a fixed order. Being called first or second does not change what the call is for, and it does not mean one parent is favoured. What matters is that you are ready when your call comes.

What checks do Cafcass carry out before the call?

Cafcass carries out safeguarding checks with the police and the local authority to find out whether there are any concerns about the welfare or safety of your child or other children (Cafcass). If something comes up in those checks, you may be asked about it on the call. If a check is not available in time, the court can ask Cafcass to update its safeguarding letter later.

Cafcass interview questions: what to be ready to talk about

The purpose of the call is to find out whether you have concerns about your child’s welfare or safety. Cafcass will already have the application and any supporting documents, including any form C1A about harm. It helps to have thought through these topics before the call.

How to prepare, and what not to say to Cafcass

What to have in front of you when Cafcass call

• the dates of any incidents you will mention;
• the current arrangements for your child;
• any existing court orders or police involvement;
• your child’s school and GP details;
• one or two sentences on what you are asking the court for.

Deciding which worries are safeguarding concerns, and how to raise them without sounding like an attack on the other parent, is where most parents find a second view helps.

After the Cafcass call: what happens before the first hearing

Cafcass sends the safeguarding letter to the court within 17 working days of receiving the application, and at least 3 working days before the hearing (PD12B, para 13.7). The first hearing should ordinarily take place in week 5 after the application is issued, and at the latest in week 6 (para 14.1). A Cafcass Family Court Adviser will be available at that hearing; if your telephone interview did not happen beforehand, they will discuss any outstanding safeguarding issues with you there (Cafcass). Our guide to the FHDRA hearing explains what happens on the day.

Practice Direction 12B describes what the letter reports:

• the outcome of Cafcass’s risk identification work, including information from the local authority and police checks on the parties (paras 13.3 and 13.7);
• any safety issues, recorded and outlined for the court (para 13.5);
• which court forms filed by the parties (C100, C7 and C1A) have been considered (para 13.7).

In some court areas the usual Child Arrangements Programme is suspended and replaced with a different process under the Pathfinder pilot, which started in Dorset and North Wales and has since spread to more areas, including all of Wales, Birmingham, West Yorkshire, the West Midlands, and Hampshire and the Isle of Wight (GOV.UK). See our guide to Pathfinder courts.

If the court asks Cafcass for a further report

If the case does not settle, the court can ask Cafcass, Cafcass Cymru or the local authority to report on your child’s welfare (s.7(1)). This involves longer work than the safeguarding call. The Family Court Adviser will usually write to your child, talk to your child alone (sometimes at school), spend time with you and the other party, and may speak to other people; with a baby or young child, they observe the child with a parent or carer (Cafcass). Our guides to the section 7 report and the Cafcass home visit go into that stage.

Do judges follow Cafcass recommendations?

A Cafcass report is advice to the court, and the court may take account of what it says (s.7(4)). The decision is the judge’s, made with the child’s welfare as the paramount consideration and, where the application is opposed, with regard to the welfare checklist, including the child’s wishes and feelings in the light of their age and understanding (s.1(1) and (3)). If you think a report is wrong, see our guide to disagreeing with Cafcass.

Do Cafcass favour mothers?

No. The Children Act 1989 does not give mothers or fathers priority, and the court’s paramount consideration is the child’s welfare (s.1(1)). When the court considers an opposed application for a child arrangements order, it must presume, unless the contrary is shown, that the involvement of each parent in the child’s life will further the child’s welfare, as long as that parent can be involved in a way that does not put the child at risk of suffering harm (s.1(2A), (4) and (6)). “Involvement” means involvement of some kind, direct or indirect, not any particular division of the child’s time (s.1(2B)). Cafcass’s safeguarding work is about the child’s welfare and safety, and the decision is the judge’s.

Frequently asked questions

How long does the Cafcass call last?

Cafcass says the telephone interview usually lasts 30 minutes. Your welcome letter gives the date and time, and you should get a text reminder on the day (Cafcass).

Is there a Cafcass safeguarding interview script?

There is no script you are expected to follow. Cafcass asks about your child’s welfare and safety, and short notes of dates and concerns work better than a prepared speech.

What if I miss the Cafcass call?

Contact Cafcass using the details in your welcome letter as soon as possible. If the interview does not happen before the hearing, a Family Court Adviser at the first hearing will discuss any outstanding safeguarding issues with you.

Do Cafcass speak to grandparents?

Not on the safeguarding call unless they are parties: only people who are parties to the proceedings are interviewed at that stage. If the court later asks for a report, the Family Court Adviser may speak to other people.

Is there a Cafcass age 12 rule?

No. There is no fixed age. The court considers a child’s wishes and feelings in the light of their age and understanding (s.1(3)(a)). See our guide on what age a child can choose which parent to live with.

Does this apply in Wales?

In Wales the work is done by Cafcass Cymru. The court rules are the same, although all of Wales is now part of the Pathfinder pilot, so the process may differ.

Cafcass call booked? Get your notes right before they ring

The call usually lasts about 30 minutes, and what you say goes into the letter the judge reads before the first hearing. A worry you leave out, or a complaint that isn’t about your child’s safety, is hard to take back later. Book a free initial consultation with our child law specialists before the call.