What is the role of Cafcass

By Tom AtkinsonPublished 28 August 2019Updated 2 October 202612 mins read16 sections

Part of: Preparing for a Cafcass Interview

If you are currently involved in a set of Children Act proceedings, then you may find Cafcass being appointed by the Court. You may be wondering what does Cafcass stand for and what is their role.

What does Cafcass stand for?

Many people want to know what does Cafcass stand for and who they are when you are making an application for a child arrangement order. Cafcass is Children and Family Court Advisory and Support Service. Cafcass usually get involved in child proceedings once you or your former partner have submitted an application to the court.

What does Cafcass do?

The role of Cafcass is to safeguard and promote the welfare of children by considering their needs, wishes and feelings in child cases. The court usually asks Cafcass advisors to work with families and advise the family court of the interests, needs, wishes and feelings of a child.

How does Cafcass become involved?

Cafcass can become involved in Children Act proceedings through a number of ways. One of which is to carry out initial safeguarding checks which results in a safeguarding letter being presented to the Court before the First Hearing Dispute Resolution Appointment (FHDRA).

We regularly advise and assist parents who are preparing for their safeguarding call with Cafcass. What you say in that call goes into the letter the judge reads at the first hearing, and it can shape the interim arrangements the court makes that day.

In addition, Cafcass can be ordered to prepare a report on considering the wishes and feelings of the children as well as considering any issues between parents before setting out recommendations to the Court.

A Cafcass officer will meet with both parents individually and the child to gather information they require to complete the section 7 report. The report may include recommendations and information from other parties such as teachers, family members and health professionals.

What is the welfare checklist in the Children Act 1989?

The welfare checklist sets out seven matters a family court must weigh before making certain orders about a child. You will find it in section 1(3) of the Children Act 1989. A Cafcass officer’s report is advice to that court. So the same seven points show you what the officer needs to understand about your child.

The court must use it when anyone in the case opposes making, changing or ending a section 8 order. A child arrangements order is a section 8 order. The list also covers special guardianship orders and Part IV orders, such as care and supervision orders. Whatever the order, your child’s welfare is the court’s paramount consideration. The court will make no order unless it considers an order better for the child than none.

Adoption is different. Decisions about adoption and placement follow a separate checklist in section 1(4) of the Adoption and Children Act 2002, which our guide to placement orders explains.

The seven points of the welfare checklist, one by one

• Your child’s wishes and feelings, which the court reads in the light of their age and understanding. The older and more mature the child, the more weight their view is likely to carry. It is still one point among seven, and it does not decide the case on its own.
• Their physical, emotional and educational needs. Think of everyday care, health, stability and school. An officer may ask who handles the school run and the doctor’s appointments.
• The likely effect on them of any change in their circumstances. The court weighs a move of home or school, or a new main carer, against what the child would gain. A plan that unsettles a routine that works needs a clear reason.
• Their age, sex, background and any characteristics the court considers relevant. Culture, religion, language, disability and special educational needs all belong here.
• Any harm they have suffered or are at risk of suffering. In the Act, harm includes the damage a child suffers from seeing or hearing the ill-treatment of someone else. If a parent denies the allegations, the court may hold a fact-finding hearing first.
• How capable each parent is of meeting their needs. The court can look at anyone else it considers relevant too, such as a grandparent or a new partner.
• The range of powers the court has under the Act in the case before it. A judge is not limited to what either parent asks for. Section 10(1) lets the court make a section 8 order even if nobody has applied for it.

Reading a Cafcass report against the welfare checklist

When a section 7 report arrives, go through it point by point against the seven items above. Has the officer recorded your child’s views accurately? Is anything about their needs, health or background missing? If the recommendation rests on a concern about harm or about your parenting, look at the evidence it relies on. Those gaps are what you raise with the judge before the court decides.

If a report goes against you on one of these points, book a free consultation. Our family law specialists will go through it with you before the hearing.

What is a Cafcass Safeguarding Letter?

Before your first court hearing, Cafcass will prepare a Cafcass safeguarding letter for the judge. This document is produced following initial checks and a telephone interview with both parents. Understanding what is the role of Cafcass at this early stage helps you approach the process with confidence.

The Cafcass safeguarding letter contains several important elements. It summarises the current living arrangements for your child and outlines any contact currently taking place. The Cafcass safeguarding letter also includes results from police and local authority checks, highlighting any previous concerns or involvement with social services.

What is the role of Cafcass when producing this letter? Officers gather information about potential risks to your child’s welfare, including any allegations of domestic abuse, substance misuse or mental health concerns raised by either parent. The Cafcass safeguarding letter then presents this information objectively to assist the court.

The Cafcass safeguarding letter will typically be filed with the court at least three working days before your first hearing. You should receive a copy, though in some circumstances where sharing information could pose risks, the court may handle disclosure differently.

Importantly, the Cafcass safeguarding letter often contains initial recommendations about next steps. These might include suggesting a full section 7 report is prepared, recommending mediation, or indicating that no further Cafcass involvement appears necessary.

The Cafcass safeguarding letter carries significant weight at the first hearing. Judges rely on this document to make interim decisions about your child’s arrangements whilst proceedings continue. Our family law specialists can help you understand your Cafcass safeguarding letter and advise on addressing any concerns it raises.

How to Prepare for a Cafcass Interview

Knowing how to prepare for a Cafcass interview significantly impacts how your case progresses. Whether facing an initial telephone call or a more detailed section 7 assessment, preparation demonstrates your commitment to your child’s welfare.

Understanding how to prepare for a Cafcass interview begins with recognising the process focuses entirely on your child, not on winning arguments against the other parent. Cafcass officers assess both parents independently, and criticism of your former partner often reflects poorly on you rather than them.

When considering how to prepare for a Cafcass interview, gather your thoughts about key topics. Think about your child’s daily routine, their interests and activities, how you support their education and emotional wellbeing, and your proposals for future arrangements. What is the role of Cafcass? To understand your child’s life from your perspective and assess your parenting capabilities.

Practical steps on how to prepare for a Cafcass interview include having relevant documents accessible. School reports demonstrating your involvement, evidence of activities you share with your child, and any professional reports supporting your position may prove valuable. However, avoid overwhelming the officer with excessive paperwork.

The question of how to prepare for a Cafcass interview extends to your demeanour during the assessment. Remaining calm, answering questions honestly, and showing willingness to facilitate your child’s relationship with their other parent all contribute positively to your case.

Our family law specialists regularly advise parents on how to prepare for a Cafcass interview effectively, ensuring you approach this crucial stage with confidence whilst protecting your position throughout proceedings.

What happens once a section 7 report is prepared by Cafcass?

Once a section 7 report is prepared by Cafcass it will be disclosed to the court and often the parents will have a chance to review the report prior to the court hearing. The court will consider the report and listen to the parents and other people before making its final decision. The judge will also have regard for the wishes and feelings of the child.

Although the wishes and feelings of a child are taken into account, these may not necessarily be followed if they are not in the best interests of the child. Ultimately the decision is made by the court and placed in a court order which must be complied with. It is very rare for a judge to go against a Cafcass recommendation.

If you require assistance in reviewing the report or are concerned with the contents of the report then you need to urgently contact our child law specialists who will be able to review the reports and advise you on raising the issues with the judge at the hearing before a decision is made.

Frequently Asked Questions About the Role of Cafcass

What is the role of Cafcass in family court?

What is the role of Cafcass in family court proceedings? Cafcass safeguards children’s welfare and advises judges on arrangements that serve children’s best interests. What is the role of Cafcass officers specifically? They conduct assessments, interview parents and children, and provide independent recommendations to help courts make informed decisions about children’s futures.

Is Cafcass independent of the court and social services?

Yes. Cafcass, the Children and Family Court Advisory and Support Service, is a public body set up under the Criminal Justice and Court Services Act 2000. It works independently of the courts and of local authority social services, and its job is to safeguard and promote the welfare of children in family proceedings in England. In Wales, CAFCASS Cymru does the same work.

When does the court get the Cafcass safeguarding letter?

Under Practice Direction 12B, Cafcass must send the safeguarding letter to the court within 17 working days of receiving the application, and at least three working days before the first hearing. It is a short report with the results of police and local authority checks, a summary of the telephone interviews with both parents, and initial recommendations about next steps. Some courts run a pilot under Practice Direction 36Z. There, Practice Direction 12B (Pilot) applies instead, and the court works from a Child Impact Report rather than a safeguarding letter.

Is it common for a judge to go against a Cafcass recommendation?

It is rare for a judge to go against a Cafcass recommendation. However, the court does not have to follow the recommendations in a Cafcass section 7 report. The decision is for the judge, and a judge who departs from a recommendation must give clear reasons in the judgment (see, for example, Y v E [2025] EWHC 2437 (Fam)).

At what age can Cafcass interview a child?

A common question when considering Cafcass is at what age can Cafcass interview a child. Cafcass can visit a child of almost any age in order to understand their needs, wishes and feelings. There is no guidance as to the recommended age in which Cafcass should speak to a child.

What is the role of Cafcass at the first hearing?

What is the role of Cafcass at the first hearing? A Family Court Adviser attends to discuss the safeguarding letter with the judge and advise on next steps. What is the role of Cafcass if no concerns exist? They may help parents reach agreement without further court proceedings. If concerns exist, they recommend whether a section 7 report is needed.

Can Cafcass recommend no contact?

Yes, Cafcass can recommend no contact if they believe it serves the child’s best interests. This typically occurs where serious safeguarding concerns exist, such as proven domestic abuse, substance misuse posing risk to children, or other factors meaning contact would harm the child’s welfare.

How does Cafcass contact you?

Cafcass typically contacts you by sending a welcome letter explaining their role, followed by a telephone call to arrange your safeguarding interview. What is the role of Cafcass in this initial contact? Officers gather preliminary information and explain what to expect. Interviews usually occur before your first court hearing.

Speak to our Child Law Specialists today

Our child law specialists advise and assist parents at every stage of Cafcass involvement, from the safeguarding call to the section 7 report and the hearing that follows. What you tell the officer shapes the report, and a report that gets a welfare checklist point wrong has to be challenged before the judge decides. If you are looking for advice or assistance, call us today on 0330 094 5880 or book a free consultation.

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