Work to First Hearing Standard Operating Principles
1. Introduction
This document sets out the steps to be followed during the work to first hearing (WTFH)
process up to allocation for work after first hearing (WAFH), or case closure. Relevant
documents include:
• Operating Framework
• Practice Direction 12B (The Child Arrangements Programme)
• Child Protection Policy
• Case Recording and Retention Policy
• The Quality Assurance and Impact Tool
• Interview plan for the Cafcass telephone call to both parties in preparing
safeguarding letters
• Guidance on duties under section 16A Children Act 1989.
• Outline of expectations of family court advisers at FHDRAs
• Supporting guidance for WTFH
• The suite of tools for evidence informed practice
• Legal resources on 16.4 appointments
2. Applications on a C100 form for a Child Arrangements Order (CAO)
• Screened by Central Intake Team (CIT) Family Court Adviser (FCA) for immediate
risks that warrant a referral to the relevant local authority.1 If a referral is required
then the case is processed and transferred to the local team within two hours of the
referral being made.
• If the case does not identify immediate risk then it is processed and transferred within
three working days of receipt by CIT.
• Police National Computer checks are commissioned and produced within two
working days from date of transfer to the local team (5th working day).
• Checks are commissioned with local authorities for all known current and previous
addresses (since the child was born) for the children and parties.
• Welcome letters are sent in cases that will proceed to FHDRA, unless to do so would
present a risk to a party or child.
• Record on the contact log if the application is without notice and no welcome letter to
be sent
3. Non CAO applications, including applications for leave to apply for a CAO
Prohibited Steps Orders
• CIT screen the application and transfer to the local team.
• Checks and welcome letters are not commissioned by CIT unless court ordered. If
the court has ordered checks and a safeguarding letter, the case is managed as a
CAO application.
1 See the Child Protection Policy.
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• Safeguarding checks are commissioned when the local team identifies safeguarding
issues, and professional judgement is that safeguarding checks are necessary
(consent not required from parties).
• Local team files a safeguarding letter where ordered to do so or where work has
been undertaken, in accordance with the Reporting to Court policy.
Specific Issue Orders
• CIT screen the application. If no work is ordered for Cafcass and no safeguarding
issues are identified, CIT send the application back to court with an email confirming
that we are closing the case.
• Cases are transferred to the local team only if the court has ordered safeguarding or
if safeguarding issues are identified for further assessment.
• Checks are commissioned by CIT and welcome letters sent only if the court has
ordered safeguarding.
• Cases where safeguarding has not been ordered but safeguarding issues are evident
are sent to the local team for decision making regarding welcome letters, telephone
interviews and commissioning of checks (checks subject to professional judgement,
no consent required).
• Local team files a safeguarding letter if ordered to do so or where work has been
undertaken, in accordance with the Reporting to Court policy.
Enforcement Orders
• CIT screen the application. If no work is ordered for Cafcass and no safeguarding
issues are identified, the application is returned to court.
• Where safeguarding concerns are identified, the case is transferred to the local team
for further assessment. No welcome letter is sent or checks commissioned by CIT
unless professional judgement determines this is necessary (parties must consent to
checks).
• If safeguarding is ordered, welcome letters are sent and checks are commissioned
by CIT (no consent needed where this is court ordered).
Leave to apply for a CAO
• Where a person needs leave to apply but the court has directed work to be
completed by Cafcass, CIT screen the application and send welcome letters and
commission safeguarding checks if directed by the court.
• Case is transferred to local team to complete telephone interviews and safeguarding
letter.
• If the issue of leave has not been dealt with by the court and no work has been
directed from Cafcass, the application is returned to court.
• If a CAO application is made at the same time as an application for leave to apply,
checks are not commissioned on any party unless Cafcass has been ordered to
complete safeguarding.
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Special Guardianship
• CIT screen the application, which is made on a C100. If no work is ordered for
Cafcass and no safeguarding concerns are identified, the application is returned to
the court.
• Where safeguarding concerns are identified, the case is transferred to the local team
for further assessment. No welcome letter is sent or checks commissioned by CIT
unless professional judgement determines checks are necessary (consent required).
• If safeguarding is ordered, welcome letters are sent and checks are commissioned
by CIT and telephone interviews undertaken with parties.
4. Early Intervention Team (EIT)
Cases transferred from CIT are accepted by EIT and allocated within one working day, and
reviewed within two working days (with duty systems in place to ensure cases are reviewed
if the allocated FCA is absent). EIT complete safeguarding letters in all new CAO
applications in accordance with the Child Arrangements Programme.
In cases of abridged notice hearings, the FCA will endeavour where possible to have some
information available for the court, and the completed safeguarding letter will be filed 17
days from date of receipt.
• Outcomes of Police and LA checks are reported on as relevant, checks are re-
commissioned if needed when new information such as date of birth or spelling of
name/alias has been identified.
• Telephone interviews with adult parties are conducted in all cases where a contact
number is available, including cases currently open to the LA, using the interview
plan for telephone call document.
• Reasonable attempts should be made to obtain contact details (e.g. sending
welcome letter, sending appointment letter asking for missing information and
speaking with solicitors where available. There is no expectation that FCAs follow up
missing information with the court due to the time delays this may create). Where
contact details are available a minimum of two attempts should be made to establish
contact.
• Postal and email addresses should be checked during the telephone interview to
reduce data incidents, including the details of any solicitors instructed by the parties.
• Where a party has not been spoken to, or risk information has not been received, this
is reported in the safeguarding letter.
• Information from parties and safeguarding checks is analysed to assess potential risk
and impact on the child, using the suite of tools available to FCAs.
• Any information reported to court as part of enquiries, including police and LA
information, should be proportionate and relevant to the application
• Advice is given to the court, including any potential ways forward as set out in the
menu of options in the supporting guidance for WTFH document. If a 16.4
appointment is suggested, a discussion should be held with the manager of the
receiving WAFH team prior to the safeguarding letter being filed.
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• The safeguarding letter (or updating letter) is not shared with parties where to do so
would present a risk to either party or the child. It will be stated in the letter that it has
been filed with the court only, and parties notified, with clear reasons given.
• In all other cases, the safeguarding letter is filed with the court and shared with
parties – by email where possible and in all other cases by post - 17 working days
from receipt of the application, or at least three days prior to the FHDRA.
• A copy of the safeguarding letter, and contact log, is available electronically for the
FCA attending court.
• Where information is obtained after the filing of the safeguarding letter, an updating
letter is provided to the court.
• All work is recorded on the contact log in accordance with the Case Recording and
Retention Policy.
Diversity monitoring
Diversity information for the adult and child should be collated during the risk screening
telephone interview. Where a safeguarding interview is required to take place at court it is
unlikely due to time constraints that diversity information can be collated but the family court
adviser should consider if possible asking the party for such information. Child’s needs
should be added to the case where significant issues are identified.
5.0 Work at the first hearing2
The court will list the FHDRA to facilitate the attendance of a Cafcass officer (FCA), who will:
• Meet the judge or legal advisor, prior to the case being heard, to agree the work
required by the FCA.
• Interview parties separately, where practicable, when the telephone interview has not
taken place.
• Depending on local arrangements, consider the suitability for dispute resolution if all
safeguarding has been completed and the parties have been interviewed. Parties
should be seen separately unless they agree to be in the same room and it is safe to
do so.
• In cases of abridged notice hearings, attempt to gain sufficient information prior to the
hearing where possible, to assist the court. If an FCA is at court they may be asked
for advice by the court but this is limited to the outcome of any checks undertaken.
• Record the outcome of the FHDRA on the contact log and save any interview notes
to ECMS, update the FHDRA outcome on ECMS and report back to the EIT
administrator for further processing as required.
6.0 Work after the first hearing
Cases with further work directed are transferred within two working days to the local team
(see the case transfer process in the Operating Framework) with the required section of the
case plan completed, identifying any outstanding issues from the FHDRA.
2 Please see the ‘outline of expectations for FHDRA’ document for full details
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7.0 Case closure
The case is closed in accordance with the Case Recording and Retention Policy. If parties
have not been spoken to, or safeguarding checks are required but not complete, the case is
referred to the Service Manager or Practice Supervisor for a decision on closure.
Cases that remain open to Cafcass due to inability to complete safeguarding (i.e. if the court
is awaiting the disclosure of a party’s whereabouts) and where no future hearing has been
set should be closed two months after the FHDRA. A letter is sent to court advising that the
case should be sent back to Cafcass for the completion of safeguarding once whereabouts
have been determined.
Owned by
Sandie Hayes, Assistant Director
Approved by
Cafcass Operational Management Team
Approved on
17 January 2018
Implemented
8 February 2018
Version
2.3
Amended
July 2018 - Added to the bullet points in section 4 that FCAs should
check the details of the solicitor, where appointed.
Next review
July 2019
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