A Cafcass safeguarding letter: how a father answered it before the first hearing

By Hannah OvertonPublished 28 October 20268 mins read11 sections

A father opened an email a few days before his first court hearing and read a Cafcass safeguarding letter about himself. It listed a police call-out to his old home and an old referral to children’s services. It also set out what his former partner had told Cafcass. Our family law specialists advised him on how to answer it properly before the hearing. This is an anonymised account.

A letter that seemed to describe a stranger

The parents had separated the year before. Their son had stayed with his father every weekend until that stopped without warning. After mediation failed, the father applied to the court for a child arrangements order so he could see his son again.

Before the first hearing, Cafcass ran its checks and phoned both parents. The letter that followed was accurate in parts. Police had come out after a loud argument, but they arrested nobody. Children’s services had opened a referral at the time, then closed it. The mother told Cafcass she felt he had a temper and she was worried about their son being alone with him.

His first instinct was to write back that night calling it all lies. We asked him not to.

What the law says about a Cafcass safeguarding letter

The process sits in Practice Direction 12B, the Child Arrangements Programme. Under paragraph 13.3, Cafcass seeks information from local authorities and carries out police checks on the parties. Paragraph 13.4 says it will, if possible, hold telephone risk interviews with the parties. Paragraph 13.5 says it records any safety issues for the court in a safeguarding letter.

Timing is tight. Under paragraph 13.7, the letter is due within 17 working days of Cafcass receiving the application and at least three working days before the first hearing. Paragraph 14.1 says that hearing, the First Hearing Dispute Resolution Appointment (FHDRA), should ordinarily take place in week five after the application is issued.

At the hearing, paragraph 14.13 says the court tells the parties what the letter says if Cafcass has not already sent it, unless that would create a risk of harm. The court considers what facts are in dispute and whether a fact-finding hearing is needed. It also considers risk and compliance with Practice Direction 12J, which covers domestic abuse and harm.

How we helped him answer the safeguarding letter

First, we went through the letter with him line by line and sorted it into records, things the mother had said, and the adviser’s own view. Each needed a different answer.

The records he accepted. The call-out happened, so denying it would only damage his credibility. However, the letter did not say the referral had closed with no further action. He still had the closure letter from children’s services, so we advised him to bring a copy to court.

Next came the mother’s account. We advised him not to attack her. Instead, he described the argument honestly, said what he had changed since, and explained that he had completed a parenting course. He wanted the court to see that he understood her worry.

Then we helped him prepare a one-page position note for the judge. It set out what he accepted, what he disputed and why, and a safe plan to start contact. He proposed supported contact at a contact centre, building up over several weeks.

Finally, we prepared him for the day itself. Paragraph 14.7 says the Cafcass officer should, where practicable, speak to each parent separately at court before the hearing. We rehearsed that conversation so he could keep it short and about his son. We also advised him to keep the letter private.

The outcome at the first hearing

He went to the hearing with his note and the closure letter. The judge read the safeguarding letter alongside them. Because he accepted the parts of the record that were true, the disputed facts were narrow, and the court decided it did not need a fact-finding hearing.

The court made an interim order for supported contact at a contact centre. It also asked Cafcass to report on how that contact went before the next hearing. A few months later, contact moved to his home, with the mother’s agreement.

Every case turns on its own facts, so this is not a promise about any other family.

What you can take from this

A safeguarding letter is the court’s first picture of your family, so read it slowly. Then separate what is on record from what someone has said, and answer each on its own terms.

Accept what is true. Correct what is wrong with a document, if you have one. Bring a safe, specific plan for contact. Our guide to the FHDRA hearing explains the day in more detail. Our page on preparing for a Cafcass interview covers the phone call. You can also read about how a child’s voice is heard in proceedings and how we prepare these success stories.

“Treat the letter as a list of points the court may raise, and be ready to say plainly which you accept and which you dispute. Whether the court lists a fact-finding hearing turns on allegations that are not accepted and are likely to affect the decision, so honesty about what is true narrows the case. If supported contact is ordered, the court can direct that the letter goes to the contact centre, so correct any error at the hearing.”

Hannah Overton, Complex Children Specialist, Kabir Family Law

Talk it through with us

If a Cafcass safeguarding letter has left you shaken before a hearing, you do not have to answer it alone. A free initial consultation is confidential and carries no obligation. The letter can arrive only a few working days before the hearing, so get in touch as soon as you have it. Our family law specialists will explain your options and how to prepare.