Implacable hostility - recognising its presence and acting upon it

C. Hatcher made this Freedom of Information request to Children and Family Court Advisory Support Service

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Dear Children and Family Court Advisory Support Service,

In a previous FOI response Cafcass states that "Cafcass understands and recognises the potential for implacable hostility by an ex-partner and also the potential for the ‘alienation’ of a child from one parent in high conflict private law cases. Such behaviour may be so severe it becomes emotionally harmful to a child. Cafcass recognises that cases where implacable hostility is a factor are particularly difficult to assess and resolve. The presence of implacable hostility may result in a recommendation by Cafcass for a Section 7 report to be carried out in which the child’s wishes and feelings can be assessed or in more complex and often long running cases a Rule 16.4 appointment can be made where a Children’s Guardian is appointed to represent the child as a party to the case."

Please define what Cafcass means in this answer by the use of the word 'understands', as used in the sentence "Cafcass understands and recognises the potential for implacable hostility by an ex-partner and also the potential for the ‘alienation’ of a child from one parent in high conflict private law cases."

Please define what Cafcass means in this answer by the use of the word 'recognises', as used in the sentence "Cafcass understands and recognises the potential for implacable hostility by an ex-partner and also the potential for the ‘alienation’ of a child from one parent in high conflict private law cases."

Please define what Cafcass means by use of the word 'presence' in this answer , as used in the sentence "The presence of implacable hostility may result in a recommendation by Cafcass for a Section 7 report to be carried out in which the child’s wishes and feelings can be assessed ......"

Please detail how Cafcass determines the 'presence of implacable hostility', as used in the sentence "The presence of implacable hostility may result in a recommendation by Cafcass for a Section 7 report to be carried out in which the child’s wishes and feelings can be assessed ......". What markers, tools, standards or any other methods does Cafcass apply to either determine that implacable hostility is present, or to determine that implacable hostility is not present.

What, if any, training is undertaken by practitioners to enable them to to effectively use such markers, tools, standards or any other methods as Cafcass sees is necessary, or appropriate, to either determine that implacable hostility is present or to determine that implacable hostility is not present.

Where is the use of such markers, tools, standards or any other methods as Cafcass sees is necessary, or appropriate, to either determine that implacable hostility is present or to determine that implacable hostility is not present, identified as mandatory, and where is such use identified as optional.

The FOI answer stated "The presence of implacable hostility may result in a recommendation by Cafcass for a Section 7 report to be carried out in which the child’s wishes and feelings can be assessed or in more complex and often long running cases a Rule 16.4 appointment can be made where a Children’s Guardian is appointed to represent the child as a party to the case."

Please detail how many Section 7 reports have been recommended, due, either in full or in part, to the existence or the potential existence of the presence of implacable hostility in a case. Please detail this information by region for the past 5 years.

Please detail how many Section 7 reports have been carried out where the existence or the potential existence of the presence of implacable hostility in a case has been identified. Please detail this information by region for the past 5 years.

Please detail how many Section 7 reports that were carried out within them identified the existence or the potential existence of the presence of implacable hostility in the case. Please identify, if possible, if any of these cases resulted in a 'No Contact' Order, or a 'Indirect Contact only' Order. Please detail this information by region for the past 5 years.

Please detail how many Rule 16.4 appointments were made where a Children’s Guardian was appointed to represent the child as a party, as a result, either in full or in part, to the existence or the potential existence of the presence of implacable hostility in a case. Please detail this information by region for the past 5 years.

Please detail how many Rule 16.4 appointments that were made where a Children’s Guardian was appointed to represent the child as a party, identified the existence or the potential existence of the presence of implacable hostility in a case. Please identify, if possible, if any of these cases resulted in a 'No Contact' Order, or a 'Indirect Contact only' Order. Please detail this information by region for the past 5 years.

Yours faithfully,

C. Hatcher

Governance - Cafcass, Children and Family Court Advisory Support Service

1 Attachment

Dear Sir/Madam

Thank you for your email.

Please find attached our response to your Freedom of Information request.

Kind regards,

Governance Team | Cafcass
G [CAFCASS request email] |  www.cafcass.gov.uk 

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