Interview plan for the telephone call to both parties in preparing safeguarding letters
This outline provides structured questions for risk screening telephone calls in private law work
to first hearing (WTFH) cases.
1.0
Introduction
1.1
Introductory telephone calls are necessary for the giving and gathering of information
as part of active risk screening, which is a key part of Cafcass’ pre-first hearing work
in private law cases.
1.2
It is the duty of the Family Court Adviser (FCA) to establish during the screening
process if parties require reasonable adjustments to undertake the interview such as
telephone interpreters via the Big Word,
Typetalk, TextDirect, or in exceptional cases
a face-to-face interview.
2.0
Purpose: risk assessment and analysis
2.1
The purpose of the telephone call is to ascertain and gather information in relation to
the risks to children who are subject of the court application. Other children (of the
family or household(s)) who are not subject to the application may need to be
considered should risk information become apparent through the WTFH process, in
line with the Child Protection Policy.
2.2
The FCA should remain focused on collecting information about any possible
safeguarding concerns for the child and safety issues affecting vulnerable adults.
2.3
While the wider issues in the case need to be reserved for the attention of the court at
the first hearing, the Child Arrangements Programme does make provision for the FCA
to explore the outcome of the Mediation Information and Assessment Meeting (MIAM)
and the narrowing of issues within the parenting plan.
2.4
The order in which relevant issues are covered during the course of each phone call
may vary in accordance with the individual situation. The FCA should ensure that all
the issues are covered. Supplementary discussion may well arise from these
questions, but the discussion should remain focused on the exchange of information
about safeguarding issues.
2.5
FCAs completing the interview should have excellent knowledge and understanding of
the tools for evidence informed practice, which can be
accessed via the intranet. The
purpose of these tools is to evidence work completed to support the case analysis.
3.0
Safeguarding
3.1
If the interview identifies risk of (or actual) significant harm to a child, a child protection
referral to local authority children’s services should be made in accordance with the
Child Protection Policy.
3.2
If local authority children’s services are actively involved with the family, the interview
should still take place. The safeguarding letter should make clear to the court that the
local authority is actively involved and that any request for a s7 report should be
directed to the local authority, in accordance with the Cafcass/ADCS good practice
guidance.
3.3
Children will not be contacted by the FCA prior to the FHDRA.
3.4
Face-to-face interviews prior to the FHDRA will only take place if the FCA assesses
that reasonable adjustments are necessary.
3.5
The telephone call will have been arranged by the FCA, or through a letter sent out by
business services, to ensure that it takes place at a time that is convenient and private
for the person being called. In addition to this measure, try to be aware of who may be
hearing the phone conversation and what impact this might have on the person’s ability
to speak freely.
3.6
Please ensure that discrepancies in the information given by the parties regarding risk
issues are identified clearly in the safeguarding letter.
Applicant
Respondent
Introduction
As for applicant.
Identifying details:
• Check names, DOB, address, ethnicity
• Check if parties are legally represented, and the details of the
solicitor
• Check parental responsibility
• Check who holds the birth certificate/death certificates,
particularly where the applicant is not the birth parent of the
child.
• Immigration status of the applicant, respondent and child.
Ability to take interview:
• Have you received the appointment letter?
• Are you somewhere private? Are you driving?
Capacity: (needs to be considered at every stage of the interview)
• Do you have any special requirements to undertake the
interview? i.e. learning needs, Typetalk or TextDirect.
Boundaries of work to first hearing:
• Have you received the welcome letter?
• Have you accessed websites i.e. sorting out separation?
http://www.sortingoutseparation.org.uk
• What is your understanding of Cafcass’ work to first hearing
and the welcome letter? (test the applicant’s understanding)
• Explain that Cafcass offer one telephone appointment to
assess the children’s safety.
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• Short introduction to reasons for early intervention and the
need to complete telephone interviews.
• Explain this stage of the process, purpose of the telephone
call (risk assessment and analysis).
• Explain the limits on confidentiality i.e. information will be
shared with court and probably with the other party. It may
also be shared with another relevant agency if necessary to
safeguard children.
• The telephone call is to ascertain any issues that either party
may have that relate to the safety of the child.
• As far as possible, remain focused on collecting information
about any possible safeguarding concerns for the child.
• Explain there is an emphasis to re-assess suitability to attend
mediation at every phase of work.
Other proceedings
• Are you involved with any other proceedings, either in the
criminal courts or family court?
• Are there currently any orders in relation to you, your child or
the respondent?
• Ask whether there are any other proceedings (including
criminal proceedings) involving anyone in the case and are
there court orders that are currently in force affecting any
person in the case, such as injunctions, restraining, domestic
abuse protection orders or non-molestation orders?
• Are there any current bail conditions?
MIAM/mediation/parenting plan
As for applicant.
Briefly refer to the requirements for MIAM in the CAP - both parents
should be in involved in children’s lives, providing it is safe.
• Does the respondent know about the application?
• Have you attended the MIAM?
• If not why, not?
• If yes, do you know if the respondent attended the MIAM?
• If yes, what was the outcome of the meeting?
• Will you be attending mediation?
• If not, why not?
• If yes, do you still need to go to court?
• Have you completed the parenting plan?
• Have you filed a copy of the parenting plan with court?
• What are the issues you need assistance with in relation to the
arrangements for your child?
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(Background to the application tool)
The child and their family
As for applicant (in
• Tell me about your child, describe the child, health, education, relation to
respondent’s
special requirements, activities, friendship.
household).
• Any other people that the child comes in contact with that you
may be concerned about?
• Are there any individuals who have regular or unsupervised
contact with the child about whom you have concerns? If so ask
for their names, ages (including DOB) and relationship status.
• Who do you live with?
• Are any children living in the household where the applicant
resides? If so, ask for their names, ages (DOB) and relationship
status.
• Background information re relationship?
• Where do you work, current employment status (LADO
considerations)?
• What are your child’s religion/beliefs?
• Does the child know about the application?
• Does the child have concerns in respect of their circumstances?
• If this is not obvious from the C100, does the child know of the
applicant’s existence?
Identifying risk: agency checks
As for applicant.
• Explore the relevance, for the child’s safety, of al information Also: will the
contained in police/LA responses.
respondent be
•
saying anything
Ask whether the other party is aware of the information in about safeguarding
returned checks.
issues in any formal
• Where screening information from police or LA is not yet available response (C7/C1A)
the parties should be made aware of the process and further that they might be
discussion at court will be required.
making?
• The wider issues in the case need to be reserved for the attention
of the court at the first hearing.
Are there safety
• What if any are the concerns re the child or children
(tool for concerns? Address
parental concerns about their child)
any from the C100
• Agency information police, children’s services, probation
(tool for as detailed by the
criminal history)
applicant.
Did the respondent
know, before
receiving it, that an
application was
going to be made?
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Identifying risk: domestic abuse
As for applicant.
• Have you been exposed to domestic abuse/perpetrated domestic
abuse? The FCA should have good knowledge of the
CAADA/DASH tool, the ‘What we need to know about domestic
violence’ tool and the Barnardo’s tool to inform questions.
• Questions should include: describe the worst incident of violence;
when was the last incident, when was the first incident, was there
any financial abuse, sexual abuse, animal abuse, child abuse,
use of weapons? What was the frequency of abuse? Were
alcohol or other substances linked with the abuse? Did you suffer
any injuries? Did you seek medical assistance? Did you report to
the police or children’s services?
• If the police attended the property, who called the police?
• Where was the child? Did the child try to intervene?
• How frightened are you?
• How frightened is the child?
Identifying risk: mental ill health
As for applicant
• Do you have any concerns about your own or the respondent’s
mental or emotional well-being? If so, what are they?
• Would the respondent be concerned about your mental or
emotional wellbeing?
• How do you think this impacts on the child i.e. who takes them to
school, bath them, feeds them, etc.
• How long have you been worried about this?
• When and how did it have the most significant impact i.e.
hospitalisation, suicidal thoughts, harm to self and others?
• Are they taking medication? Is this prescribed?
• What do they do when they are feeling unwell i.e. where are the
children?
• How does the child respond to the affected party?
Identifying risk: alcohol and other substance misuse
As for applicant.
The FCA should have good knowledge of the alcohol and drug tools
in the toolkit to inform professional judgement and questions.
• Are you concerned about your own/the respondent’s use of
alcohol or other substances? If so, what are they?
• Would the respondent be concerned about your alcohol or other
substance misuse?
• What is the drug of choice? How is this being used i.e. smoked,
injected? If injected, where on the body?
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• Where are drugs being stored?
• When do they use (alcohol and drugs)?
• Where do they use (alcohol and drugs)?
• How does it impact on behaviour?
• Where are the children when they use?
• What is the child’s understanding of use?
• How does it impact on parenting? i.e. who takes the child to
school, bath them, feed them, etc.
Identifying risk: other, including learning needs
As for applicant.
• Are there additional safety concerns?
• Do you or the respondent have a diagnosed/undiagnosed
learning need?
• Do you or the respondent have any diagnosed or undiagnosed
physical health needs that would impact on your ability to care for
a child?
• Any other relevant diversity issues that could affect the level of
risk of harm to the child – and clarify those set out in C100 or C1A.
Identifying risk: questions if there is a concern regarding As for applicant.
trafficking (see Appendix 2)
• Do you have a genetic link to the child?
• Can you bring appropriate documentation to court?
• Can you clarify your immigration status and that of the child?
• Who is the child living with, why and for how long?
• Is your private fostering arrangement registered with the LA?
Identifying risk: child sexual exploitation
As for applicant.
• Use CSE screening tool
Acting on risk: safeguarding
• If information about risk of harm is emerging, and if the applicant has parental
responsibility, seek details of school or health visitor.
• If the risks identified require a child protection referral, this should be made at once.
• If a child protection referral is not required, seek consent to contact school/HV. If this is
not given, make this clear in the safeguarding letter, indicate that Cafcass’ S16A risk
assessment duty is engaged in line with the 16A guidance re risk.
Court attendance:
As for applicant.
• Do you have any special needs in relation to your attendance at
the court hearing? (need for interpreter, physical access to
premises, separate waiting areas)
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• Signposting to relevant resources i.e. family rights group
http://www.frg.org.uk/ family mediation council
http://www.familymediationcouncil.org.uk/
Closing: what happens next/safety planning
As for applicant.
• Explain process from here and timescales: you will send a letter
to the court, which will be copied to the parties, unless to do so
creates risk.
• If the letter is only sent to the court, explain that the court will
decide about disclosure. Explain that a Cafcass duty officer is
likely to attend the court hearing.
• Explain that the letter may feel negative. Help the service user
plan for receiving the letter and consider how they may feel about
allegations raised by the respondent. What it will feel like to get
the letter?
• Consider safety planning with the service user, who may be there
to support you?
• How is the respondent likely to respond to receiving the letter?
Discuss what to do if matters escalate?
Owned by
Sandie Hayes, Assistant Director
Approved by Cafcass Operational Management Team
Approved on 1 August 2014
Implemented 4 August 2014
Version
1.3
Amended
July 2016: updated to reflect changes to domestic violence terminology to
domestic abuse
16 February 2018: reviewed by Neville Hall
July 2018: added “and the details of the solicitor” to the list of identifying
details to check.
Next Review July 2019
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Appendix 1: A2 EIT telephone call recording tool (pilot)
Telephone interview with
Check all dates of birth are correct – request any missing information
• Do they have a solicitor?
• Any other children/partner
• Confirm current application/any previous proceeding
• Current residence/contact arrangements
• Who has PR
• Ethnicity and that of child and mother
• Race/nationality/language/religion
• Physical disability/learning disability/difficulty
• Mental health – e.g. diagnosed with depression or anything similar?
• Child emotional/behavioural difficulties
• Child developmental difficulties
Safeguarding
• Has the child suffered any form of harm? What are your concerns about the care of
the child with the other party?
• Any concerns around basic care?
• Stability?
• Any domestic violence/parental disputes (was child witness)
• Drug/alcohol misuse
• Criminal behaviour? Time in prison?
• Any risk posed by environment?
• Any risk from others?
• Any social work involvement?
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Appendix 2
Trafficking
Children can be trafficked into the UK or within the UK. Traffickers are adept at using systems
to further their ends. Trafficked children are frequently used for financial gain and can,
amongst other activity, be used for:
• Sexual exploitation
• Enforced criminality
• Domestic servitude
• Labour exploitation
• To obtain benefits including social housing
In Cafcass we may receive Child Arrangement applications or Specific Issue Applications e.g.
leave to dispense with parental permission, from people who are not genetically related to
children. These applications may state that children have lived with the applicant for years;
that parents are dead; that parents are abroad and unable to give permission etc.
What you must do if you believe a child has been trafficked:
• Discuss your concerns with your line manager and make a referral to the local authority
in line with section 3 of the Child Protection Policy
• Ask the local authority, in accordance with its first responder status, to refer the child
to the National Referral Mechanism (NRM). The NRM is part of the UK Human
Trafficking Centre. Referrals to the NRM can only be made by first responders which
include local authorities and the police. Cafcass is not a first responder.
• Refer any cases where a private fostering arrangement is not registered with the local
authority as set out in s66 Children Act 1989.
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