What you need to know about your phone call with CAFCASS

To set the scene, you have made or received an application to the Court regarding the arrangements for your children and you have received an Order or Notice of the First Hearing Dispute Resolution Appointment (FHDRA).

The Order/Notice will often make reference to CAFCASS sending a safeguarding letter to the Court prior to the FHDRA.

In this blog, we’ll explore the role of CAFCASS, safeguarding letters and checks and top tips when speaking to them.

Who are CAFCASS and what is a safeguarding letter?

CAFCASS stands for Children and Family Court Advisory and Support Service.  Their role is to provide independent advice to the Court about the safety of children and what is in their best interests.  They are not the same as social services/local authority and their work is different but can overlap depending on the circumstances of the case and any previous involvement by the local authority.  More information about CAFCASS can be found on their website.

Once the Court application has been processed by the Court, a copy will be sent to CAFCASS who will make contact with both parents named on the application.  A welcome letter will be sent via a secure email service called Egress.  You should keep checking your emails and especially your junk emails to make sure you receive this welcome information.  On receiving your welcome letter, you will be asked to set up an account with Egress as this is the only email method CAFCASS use.

Safeguarding Checks

In the background, CAFCASS will also be doing some safeguarding checks with the police and the local authority.  The results from these checks will be noted on a document known as a safeguarding letter.  In addition to those checks, CAFCASS will speak with you and the other parent on the telephone.  The date and time of the call will usually be organised by email, but it’s possible that you will receive the call without having had any prior notice so be prepared.

The purpose of the call is to talk through the application and any safeguarding concerns that you have regarding the other parent.  The key parts of your conversation will be noted on the safeguarding letter.

The safeguarding letter will also contain some conclusions about what CAFCASS believe should be directed by the Court to provide the necessary information to enable a Judge to make final decisions about the arrangements for your children.  This isn’t a recommendation on the specifics but a review of the safeguarding concerns raised, if any, and whether they would expect to see some or all of the following:-

• Alcohol or drug testing
• Statements containing information about any allegations of abuse
• Enhanced police disclosure
• Expert involvement with the family
• Further involvement from CAFCASS through more detailed report (Section 7 Report)
• Recommendations regarding interim contact, where appropriate to do so

The safeguarding letter should be sent to you and to your solicitor at least 3 days prior to the FHDRA.  It can be appropriate not to circulate the safeguarding letter if CAFCASS believe that the content could lead to one of the parents or the children suffering from abuse.  Don’t assume your solicitor has received the CAFCASS safeguarding letter and save a copy to your computer as your solicitor will not be able to access this from an email forwarded within the Egress system.

Dos and Don’ts when speaking to CAFCASS

So, you have the date of your call with CAFCASS.  What should you say?  What should you not say?  Here are my top tips:

Do:

• Think about the top 5 (ish, there is no magic number) things that you want CAFCASS to know about your children.
• Keep the emphasis on the children and what’s best for them, rather than for you or the other parent.
• Raise any safeguarding concerns you have when the children are in the care of the other parent.  This will include any abuse, neglect or alienating behaviours the children have witnessed or been subjected to directly.
• Raise any concerns you have regarding alcohol or drugs.
• An overview of why you have made the application to the Court or why you oppose the application made by the other parent.
• Stick to a factual account of what has happened and what your concerns are.

Don’t:

• Focus on the breakdown of your relationship with the other parent other than where it directly impacts on the children.
• Forget to connect the concerns you have regarding the application to the arrangements for the children highlighting that connection.  (By way of example, if the other parent drinks when the children are not in their care, consider whether there is an impact on the children of their drinking).
• Stray into becoming overly emotional.
• Exaggerate or be unnecessarily critical of the other parent, remembering that you may have a different approach to parenting.

This list is not exhaustive and is for information purposes.  It’s no replacement for bespoke legal advice on your specific circumstances which can be provided on request from any of our children law specialists. Speak to our team to find out how we can help you.