Dear Children and Family Court Advisory Support Service,

Witness Statements according to the family court can only be obtained if the judge orders them therefore:

1.why are CAFCASS FCA now obtaining witness statements without the judge ordering them, what process is the FCA following here and what date did CAFCASS start allowing FCA to obtain witness statements that judges haven’t ordered ? What information does CAFCASS hold to allow the FCA to gather witness statements without a judge ordering it ?

2. What information does CAFCASS provide to enable their FCA’s who gather witness statements about ‘NOT’ sending them to other parties and the court ?

3a. What information does CAFCASS provide FCA’s that allows witness statements to be included in S7 reports analysis without permission/order of the judge ?
and
b. What information does CAFCASS provide FCA’s with to allow them to obtain witness statements without being ordered by the court ?
c. How does a party defend themselves and multiple witness statements against them in a S7 if CAFCASS FCA is obtaining them but not supplying them to all parties whom statements are made against

4. Why are CAFCASS with holding witness statements an FCA obtains when releasing a SAR and a follow up internal review ?

5. What information does CAFCASS hold allowing mini trials to include gathering witness statements from parties not involved in confidential proceedings and what guidelines/process is the FCA following ?

6. Do CAFCASS discretionary powers allow the FCA to collect witness statements where no judge has ordered them, what guidelines are FCA’s following to do this ?

7. Why when a SU asks the FCA for a copy of witness statements do they tell the SU to take it up with the court, for the court to tell the SU that only a judge can order witness statements, then for FCA’s to take over 6 months to agree to provide a SU with witness statements: why the secrecy and why are witness statements with held from the other party ?please provide information on how the FCA is obtaining witness statements and what is the process to ensure all parties and witnesses receive copies and understand the process as it is unclear.

8. In the public interest please provide ALL information held by CAFCASS whether in ‘trials’, letters, emails, meetings, documents, policies, guidelines, public interviews, reports where CAFCASS allow the FCA to obtain witness statements without being ordered by the judge/court and the process the FCA is following with obtained witness statements. Please make all information public stating the date this trial or procedure was ratified then rolled out in operations ?

Yours faithfully,

[Name Removed]

Dear Children and Family Court Advisory Support Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Children and Family Court Advisory Support Service's handling of my FOI request 'CAFCASS: Obtaining witness statements in S7 reports that a judge hasn’t ordered

1. Thank you for your responses. The information you have provided is ‘inaccurate’ therefore to assist you I have refined the scope for you to provide ‘accurate’ information. This is FOIA and the website ‘what do they know”. Please provide the information CAFCASS hold that has allowed any FCA within CAFCASS to gather witness statements without being ordered by a judge or court order ?

2. How many FCA’s in CAFCASS have gathered witness statements without a judge ordering them or the court ordering them within CAFCASS in 2018-19

3. How many FCAS are CAFCASS aware of that have conducted inquiries based upon witness statements obtained by FCA without a judge ordering them or a court ?

4. How many FCA’s have CAFCASS identified that have gathered witness statements without the order of a court or judge and incorporated them into S7 reports ?

5. How many complaints from service users have CAFCASS received about FCA’s gathering witness statements without a judge or the court ordering them 2018-19 ?

6. How many times has the judiciary or HM court services ,any court manager or any court staff in the UK informed any person within CAFCASS that an FCA has gathered witness statements without the order of a court or a judge ?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

[Name Removed]

Dear Governance,

Well CAFCASS have had a fresh complaint from me 2019 that outlines Jodie Rees gathering witness statements and your ‘closed’ one step complaints procedure won’t accept this therefore as a reasonable adjustment under the Equality Act CAFCASS now need to provide a mechanism for this complaint to be fully investigated. Clearly the information you provide on FOIA is not how Ms Rees & Ms Walters operate in the Leeds area and their practice contradicts all of the information you have provided. I have permitted audio of Ms Rees admitting to gathering witness statement. In addition other procedures afforded only to judges have now been identified. The longer this situation is left the more procedural impropriety is unearthed.

Ms Rees is not only breaching Article 6 EHRA but compliance and CAFCASS need to take immediate action to ‘put this matter right’ legally and procedurally to remedy matters.

Yours sincerely,

[Name Removed]

Dear Governance,

Your response again shows CAFCASS refusing to take evidence that incriminates Jodie Rees and Andrea Walters.

Your response is absence of any statement that enables complaints to be received that arise after CAFCASS one step complaints procedure closes therefore you need to provide a mechanism particularly where I have newly informed CAFCASS by FOIA that Ms Rees has gathered witness statements despite Ms Parsons having assured the public that CAFCASS would not overstep the Mark in court; which is exactly what Ms Rees has done. Ms Rees has broken family law procedures and CAFCASS now informed by whatever medium of communication; more so from vulnerable adults need to investigate this and provide information to explain if this is only Ms Rees overstepping the Mark of the judge/court or if CAFCASS are trialling gathering witness statements and all it entails to the public.

Ms Rees has undertaken the role and powers of a judge therefore what information do CAFCASS hold.

Are HMCTS aware and endorsing this ? Is the Ministry of Justice award and are politicians aware this is the procedure members of the public are subject to

CAFCASS need to provide transparency and are accountable. Clearly information about operating as Ms Rees is is being concealed and CAFCASS need to provide all information held on enabling the FCA to gather witness statements and assume powers only judges hold.

Ms Rees practice does not match CAFCASS policy nor family law procedures and CAFCASS need to explain these actions.

If CAFCASS are allowing FCA to to adopt powers only a judge has CAFCASS need to explain how this has happened, when this process commenced etc

There is no point in governance stating FCA does not gather witness statements; permitted audio has Ms Rees admitting to gathering witness statements therefore provide information you do indeed hold

Yours sincerely,

[Name Removed]

Dear Governance,

UPDATE WITNESS STATEMENTS

HMCTS have said today that CAFCASS is independent and is responsible for the complaints about gathering witness statements therefore your one step complaints procedure which closed needs to accept fresh complaints about FCA gathering witness statements and all that entails.

You can therefore no longer as Ms Walters states direct a SU to take the issue up with the courts as HMCTS are clearly saying it is a matter for CAFCASS. MOJ do not appear to hold this information about CAFCASS gathering witness statements therefore CAFCASS need to provide the information that allowed the LEEDS office to undertake the process and the information held internally enabling governance to with hold witness statements gathered by FCA in SAR

CAFCASS FCA is operating outside family court rules re: witness statements with powers not made transparent yet in family law procedures therefore provide all internal documents CAFCASS hold on FCA gathering witness statements including any trials within CAFCASS

Yours sincerely,

[Name Removed]

Dear Children and Family Court Advisory Support Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Children and Family Court Advisory Support Service's handling of my FOI request 'CAFCASS: Obtaining witness statements in S7 reports that a judge hasn’t ordered.'.

My request of 18th September is a freedom of information request therefore please supply the information I have requested. It pertains to live operations currently being undertaken by CAFCASS therefore please provide the information. If HMCTS are saying this is a matter for CAFCASS then there is a need for transparency. As it stands you are leaving any service user in a ‘Bermuda triangle’ where HMCTS are saying this is a matter for CAFCASS

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

[Name Removed]

Dear Governance,

You will have a record of updates and internal review request therefore please undertake internal review as requested

Yours sincerely,

[Name Removed]

Dear Children and Family Court Advisory Support Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Children and Family Court Advisory Support Service's handling of my FOI request 'CAFCASS: Obtaining witness statements in S7 reports that a judge hasn’t ordered.'.

Your response is inaccurate. You have stated that you have told me that CAFCASS FCA do not collect witness statement yet accurate data/information shows the CAFCASS FCA does collect witness statements and furthermore character statements as data held within CAFCASS shows.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

[Name Removed]