In the United Kingdom, the Children and Family Court Advisory and Support Service (Cafcass) play a crucial part in safeguarding the interests of children involved in family court proceedings. Cafcass work with children, families, and the court system, to provide advice and support to ensure the best possible outcomes for children in emotional family situations.
Role of Cafcass
Cafcass is an independent organisation, they will work with both the parents and children and will provide the court with their recommendations as to what approach they think will be in the children’s best interests. The court, of course, do not have to follow the recommendations provided by Cafcass but their opinions are highly regarded.
Prior to the first hearing, Cafcass will contact both parents for them to explain any safeguarding or welfare concerns that they have. They will then provide the court with a safeguarding letter, which will outline any findings from their welfare checks and highlight any issues which need to be considered.
Following receipt of the safeguarding letter at the First Hearing Dispute Resolution Appointment (FHDRA), the judge will decide whether there needs to be further involvement from Cafcass. This is based on whether there are any safeguarding issues which need to be addressed, in which case Cafcass will be instructed to provide a more detailed report, known as a Section 7 report. The report will be sent to the court and the Cafcass officer may also be required to attend the hearing to give evidence.
Cafcass Figures
Cafcass have released recent figures from 01 April 2024 to 31 December 2024, which show:
- In December 2024 Cafcass received 4,034 new children's cases (concerning 6,192 children).
- The number of open outstanding children's cases at the end of December 2024 is 27,657 and there are currently 44,653 children on open children's cases.
- An increase in total case demand (+0.9% / +362 children's cases / +18 children compared to the same period last year).
- An increase in private law children's cases (+0.4% / +115 children's cases / +8 children).
As the rate of family breakdowns increases, so does the need for legal intervention to resolve disputes between parents regarding the care and contact of the children.
The rise in Cafcass figures for private child proceedings can be attributed to a combination of factors:
- Increased parental conflict following separation or divorce.
- Complex family dynamics, such as blended families or cohabitating couples.
- The impact of COVID 19, leading to more disputes and delays in case development.
- Greater awareness of legal rights and easier access to legal help.
- Court backlogs causing longer case timelines.
- Government focus on child welfare and children’s voices in proceedings.
- Greater reliance on Cafcass for recommendations in family law cases.
These factors combined are driving more families to seek court intervention for child arrangements and custody disputes.
Overview of proceedings
So, what do private law children’s proceedings involve?
Stage 1 – FHDRA
The process is generally broken into three stages whereby, there could be up to three hearings. Following an application made to the court by either party, the matter will be listed for a FHDRA. At this hearing the judge will ascertain what the issues at hand are, and they will also decide whether the involvement from Cafcass/any other expert is required.
Stage 2 – DRH
The second hearing is known as the Dispute Resolution Hearing (DRH). At this hearing any reports compiled by any experts/Cafcass officer will be considered. The judge will then decide whether the evidence collated is sufficient or if further evidence is required. The judge will encourage the parties to reach a resolution and may even provide an indication as to the terms of settlement they think are most appropriate.
Stage 3 – The Final Hearing
Most cases do not reach the final hearing and parties often settle matters prior to this. The Cafcass officer along with all parties will attend this hearing, and based upon all the evidence and statements provided, the judge will make a final decision on the matter.
In cases where relationships have completely broken down, solicitors’ involvement can be helpful in that they can be a means of communication. There may not always be a need to reach a resolution via the court route, and solicitors can assist by negotiating on behalf of the parties to reach an amicable solution. This approach is more cost effective for the parties involved. However, in some cases this is not possible and assistance from the courts is required. In these cases, solicitors can help navigate the parties through the often lengthy and complex proceedings.
If you need specialist family law advice regarding child arrangements, or general advice, please contact one of our Family Law Solicitors
Helen Cort
Kate Evans
Chloe Hall
Rachael House
Jonathan Whettingsteel
Noor Siddeka
Shannon Montgomery
