01329 822 333
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Who are CAFCASS?
CAFCASS stands for the Children and Family Court Advisory and Support Service. They are an independent body, separate from the Court and Social Services.
CAFCASS considers what is in the best interests of children in Family Court cases. CAFCASS officers, also known as Children’s Guardians, are very experienced and fully qualified to offer advice and guidance on what they recommend to be in a child’s best interests. CAFCASS are unbiased and impartial, providing an objective overview of the case to the Court.
What do CAFCASS do?
CAFCASS becomes involved when an application has been made to the Court involving children. If CAFCASS are directed to your case, they will advise the Court, on behalf of the children, on what they consider to be the appropriate outcome for the child.
CAFCASS’ role in private law proceedings
From January 2026, the Court will be rolling out the Pathfinder approach to managing family proceedings. This means that CAFCASS will be involved in proceedings before the very first hearing.
A Family Court Advisor will be allocated to complete a Child Impact Report. This report will cover the following:
- Who the child is – what they like, and their wishes and feelings
- CAFCASS’ recommendations and the child’s views on those recommendations
- Sources of information, including:
a. A summary of the application before the Court
b. A summary of Local Authority involvement
c. A summary of police checks
d. A summary of discussions with other agencies (such as schools, domestic abuse services, the Home Office, etc.)
e. Previous CAFCASS records
f. Any other information relevant to the child - Details of work undertaken, signposting, and support being provided to the parties
- Enquiries undertaken with the family, including introductory phone calls, video calls, observations of contact, interviews, etc.
- Child Impact Analysis – what is happening in the family from the child’s perspective, how the arrangements affect the child, and what the primary concerns are
- Options available to the Court – considering the orders the Court can make, the positives and negatives of each option, and the role the Court should take moving forward
- Recommendations of the Family Court Advisor
- Parents’ responses to the recommendations
As noted above, this is a new scheme, but it has been trialled in other regions of England and Wales with great success in shortening proceedings for children. The aim is to front-load proceedings with the child’s views and recommendations so that a resolution can be reached more quickly for the child.
How to speak to CAFCASS
When speaking to a Family Court Advisor, always try to give answers that are child-focused. Make it very clear that you are aware of, and understand, your child’s feelings and needs. This should go beyond an understanding of basic needs, such as meals or bedtime routines; instead, demonstrate that you understand how your child feels about the overall situation and how it is affecting them.
Finally, never become angry or defensive with the Family Court Advisor. These meetings are your opportunity to focus on what your children need. CAFCASS share the same goal as you – ensuring that the best possible decision is made in your child’s best interests.
Role of CAFCASS in public law proceedings
If proceedings are before the Court because the Local Authority has issued them (where social services bring the matter to Court in relation to children), CAFCASS will appoint a Children’s Guardian to represent the child. The Guardian will then instruct a Solicitor to act on the child’s behalf.
The Guardian’s role is twofold: to act as the voice of the child (where the child is old enough) and to provide recommendations to the Court as to what the Guardian believes is in the child’s best interests. Many judges regard the Children’s Guardian as the eyes and ears of the Court on the ground.
The Guardian is independent from social services and forms their own view of the case. It is therefore very important that parents make themselves available to meet with the Guardian and are open and honest with them, as this helps establish a positive working relationship.
What if the child does not agree with the Guardian?
If the Children’s Guardian makes a recommendation to the Court that differs from the child’s wishes, the Guardian and the child’s Solicitor will consider whether the child should be separately represented.
This does not happen in every case. The child’s age, maturity, and understanding play a vital role in determining whether the child is deemed competent. The child’s Solicitor will meet with the child and assess competency in line with the Gillick competence test. If a child is found to be competent and their views differ from those of the Guardian, they may be separately represented and give instructions directly to their own Solicitor.
Our child law solicitors advise on a wide range of issues relating to the wellbeing of children. We understand that this can be a difficult time, and we are committed to achieving the best possible outcome for you and your family. Family disputes can have a significant impact on a child’s life, which is why these matters must be handled with care and compassion. The team at Churchers will deal with every case professionally and sensitively.
To learn more about our child law legal services, contact us today on 01329 822 333.
https://www.churchers.co.uk/services-individuals/child-law/