What to expect from a Cafcass safeguarding call

If you have applied for private children proceedings (child arrangements) in the family court, or you are a party to such proceedings, there is no doubt you will find yourself speaking to a Cafcass officer.

But how do you prepare to meet a Cafcass officer? What is the Cafcass officer meeting like? This article should answer all of your questions and prepare you better for that critical meeting.

Who are Cafcass?

In summary, Cafcass (the Children and Families Court Advisory and Support Service) are court appointed social workers who speak to both parties and will evaluate the situation and report their findings back to the court. Their reports will always be in the best interests of the child. Their report has huge influence on the final judgement of the court, and is therefore important that you are well prepared for their phone call.

The children will always be of paramount consideration, and any recommendations made by Cafcass will be based on the children’s best interests. When Cafcass speak to parties their key factor of consideration is the child.

What does Cafcass do?

Before your FHDRA (First Hearing Dispute Resolution Appointment), Cafcass will normally telephone both parties to complete what is known as a 'Safeguarding Call'. Cafcass will usually do the following:

• Safeguarding checks: Carry out checks with the police and the local authority to find out whether there are any known safety or welfare risks to your children.

• Telephone interview: In most cases, Cafcass phone you and the other party to find out if you have any concerns about the safety and welfare of your children. You are unlikely to have a home visit before the first hearing. Only people who are parties to the court proceedings will be interviewed and Cafcass do not speak with or meet children at this stage in proceedings. If you want to submit a statement from a person who is not named on the application, then you must send it to the court, not Cafcass. This phone interview may be made close to the hearing date, so don’t worry if you don’t hear from Cafcass immediately after receiving a welcome letter.

• Safeguarding letter: At least three days before the first court hearing Cafcass will provide the court with a short report on the outcomes of the safeguarding checks and any child welfare issues raised by you and the other party: this is known as a safeguarding letter.

The court may ask Cafcass to provide an update to a safeguarding letter if information, such as the safeguarding checks, is unavailable at the time of the first hearing.

What is a safeguarding letter?

When you attend a hearing, the Judge does not know either party and of course does not take sides. However, Cafcass officers speak to both parties prior to the hearing and prepare a safeguarding letter which will set out details of;

1. Brief history of the parties relationship

2. Contact with the children and any arrangements that are in place/have broken down

3. Both parties involvement with the local authority (if any)

4. Both parties criminal records (if any)

5. Welfare/safeguarding concerns

6. Recommendations for contact

Hints and Tips

TIP 1:

Stick to the facts. If you have found yourself reading this article, you may be going through a difficult time full of emotions and worries about what may lie ahead. We understand. First and foremost, consider sticking to the facts of your situation and keep yourself composed, and try your best not to allow your emotions to get the better for you and prevent you from making your points clearly.

It is very easy to throw all sorts of allegations and demonstrate frustration within these interviews. Do not make the interview an exercise targeted at the other party but focus on the child(ren).

TIP 2:

Be prepared. Have a list of points you wish to discuss with the CAFCASS officer and work through them in order and to avoid missing key points. Some suggestions would be;

• Brief history of the relationship

• Details about the child(ren), his/her welfare

• The contact you had when the relationship came to an end and arrangements you had with the other parent

• Changes since then and where it started to go wrong and you became concerned

• The Arrangements now (if any)

• If the arrangements have stopped (what you believe the reasons to be)

• Your proposals for contact

• Safeguarding and welfare concerns about the child (if any)

TIP 3:

Do not lie or exaggerate. Remember, Cafcass aren’t there to take sides. Their role is to ensure that their recommendations are in the best interests of the child and in almost all cases the Judge will follow their recommendations. In fact, only 3.6% of cases go against the Cafcass report, with 96.4% following the recommendations of Cafcass.

If you lie or exaggerate this could prejudice your position in the proceedings later on and could affect your credibility if it is found later on that you have lied/exaggerated. You may be asked questions by Cafcass that make you feel uncomfortable or you may perceive this as Cafcass taking sides if they have spoken to the other parent before you.

Stick to the facts and do not be surprised if Cafcass mention allegations against you, these are very common in children proceedings.

TIP 4:

Do not unnecessarily criticise the other party. It is very easy to speak negatively of the other parent/party, especially where the breakdown of the relationship has been quite difficult. Always put the children first and try to keep your feelings towards the other party separate.

Remember that this is about the child and not a way to get revenge or insult the other party. Be careful in the words used to describe the other party. Make the child your focus. That being said, any real safeguarding issues/concerns should always be mentioned in the best interest of the children)

If you have found this article useful and feel that you require further legal support, then please contact A Father’s Friend;

via email: info@afathersfriend.co.uk

or web: www.afathersfriend.co.uk/contact