When parents cannot agree about arrangements for their children, the Family Court may need further information before deciding what is in a child’s best interests. One way of obtaining this information is through a Section 7 report.
Before the first hearing, Cafcass will usually carry out safeguarding checks. These include checks with the police and the Local Authority to identify whether there are any known safeguarding concerns involving the child or family.
Cafcass officers are qualified social workers who work for the Court, rather than Social Services.
A Cafcass officer will also usually speak to each parent by telephone. They will ask about the current arrangements for the child and any welfare or safeguarding concerns. Cafcass then provide the Court with a Safeguarding Letter, setting out the information obtained and making initial recommendations about what should happen next.
What is a Section 7 Report?
If the Court considers that it needs a more detailed assessment of the child’s circumstances, it may direct Cafcass, or sometimes the Local Authority (Social Services) to prepare a Section 7 report under section 7 of the Children Act 1989. The Court will usually identify the particular issues it wants the report to address.
What will Cafcass Look At?
The Cafcass officer will focus on the child’s individual circumstances and what arrangements are likely to be in their best interests. They will usually consider the welfare checklist contained in section 1 of the Children Act 1989. This includes the child’s wishes and feelings, taking account of their age and understanding, their physical, emotional and educational needs, the likely effect of any change in their circumstances, any harm they have suffered or may be at risk of suffering, and each parent’s ability to meet their needs.
Where relevant Cafcass may also consider issues such as domestic abuse, harmful parental conflict and allegations of alienating behaviour.
Will Cafcass Speak to My Child?
Depending on the child’s age and understanding the Cafcass officer may speak to them as part of the assessment. The child will not be asked to choose between their parents. Instead Cafcass will seek to understand their experiences, wishes and feelings. The weight given to their views will depend on factors including their age and understanding.
Will Cafcass Speak to Anyone Else?
Cafcass may obtain information from other people or organisations involved with the child. Depending on the circumstances, this could include the child’s school, health professionals, the police, or the Local Authority.
What will the Section 7 Report Recommend?
The report will set out the Cafcass officer’s assessment and recommendations which they consider to be in the best interests of the children. These might include where a child should live, how much time they should spend with each parent, and sometimes other relatives with whom they are not living, and whether any safeguards should be put in place.
Does the Court Have to Follow Cafcass’ Recommendations?
No Cafcass advises the Court but does not make the final decision. The Judge or Magistrates will consider the Section 7 report alongside the other evidence before deciding what arrangements are in the child’s best interests.
In the majority of cases, the Court will usually make an Order along the lines of the guidance provided by Cafcass, unless either the parents agree alternative arrangements which Cafcass endorse; or, alternatively, good reasons are put forward on behalf of the parents as to why the Court should not make an Order in accordance with the Cafcass recommendations.
What if I Disagree with the Cafcass Report?
If you disagree with a Section 7 report, it is important to identify precisely what you disagree with and why. Factual inaccuracies can be raised, and concerns about the assessment or recommendations can be addressed within the Court Proceedings.
If you need advice through the Cafcass process, including in relation to a Safeguarding Letter or a Section 7 report, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
