What is Cafcass, and when do they get involved?

What is Cafcass?

Cafcass stands for the Children and Family Court Advisory and Support Service^[1]. It independently advises the family courts in England about what is safe for children and in their best interests, and focuses on their needs, wishes and feelings^[1]. It says it supports over 130,000 children and young people every year and is the largest employer of qualified social workers in England^[1].

It was set up by the Criminal Justice and Court Services Act 2000 and formed on 1 April 2001^[4]. By law its main jobs are to safeguard and promote the welfare of children, give advice to the family courts, make provision for children to be represented, and provide information, advice and support to children and their families^[4].

Cafcass is independent of the courts, social services, education and health authorities, and is a public body sponsored by the Ministry of Justice^[4]. The social workers who work with families are called Family Court Advisers, or children's guardians in some cases^[1][10].

The phone interview and the safeguarding letter

Cafcass's welcome letter tells you when your telephone interview will be^[6]. The call usually lasts 30 minutes, but Cafcass asks you to allow up to 45 minutes and to be somewhere private^[6]. It covers the police and local authority checks and any risks affecting your child^[6].

Before the first hearing the conversation is about safety only: you will not be asked about the substance of the case, and those issues wait until the hearing^[5].

The safeguarding letter tells the court the child's current arrangements, the results of the checks and what was said in the interviews, and ends with the adviser's advice on next steps^[20]. In most cases you get a copy, but it is confidential and must not be shared^[6]. If the adviser is worried about a child's safety, they must write a risk assessment for the court and refer the concern to children's social care^[20].

Section 7 reports

If the case goes beyond the first hearing, the court may ask Cafcass for a more detailed assessment and a report on the child's welfare, known as a section 7 report^[19]. The adviser usually talks to the child alone, spends time with each parent, and may speak to teachers and health workers^[19].

The court decides whether Cafcass or the local authority writes the report^[24]. The full process is in our guide to the Cafcass section 7 report.

How Cafcass hears your child

Children are not spoken to before the first hearing in most courts^[17]. If a section 7 report is ordered, the adviser usually talks to the child alone, and does not ask them to choose between their parents^[19]. For a baby or young child, the adviser observes them with a parent or carer instead^[29].

The court must consider the child's wishes and feelings in the light of their age and understanding, but it may not always do what the child wants^[30][19]. In complex cases the court can make the child a party and appoint a children's guardian from Cafcass, who instructs a solicitor for the child^[10].

What Cafcass cannot do

Cafcass advises but does not decide: the court makes the final decision after reading the report and hearing from everyone, and it must give reasons if it departs from the adviser's recommendation^[19][34]. Family Court Advisers cannot give legal advice^[19], and Cafcass Cymru is not a legal service and does not do mediation^[3].

If you are unhappy with how Cafcass worked with you, tell the adviser or their manager, or contact Cafcass's complaints team, which acknowledges a complaint within two working days^[35]. A disagreement with the adviser's assessment or recommendation is raised in court, not through a complaint^[35]. You cannot complain to Cafcass about the court's decision^[19].