Cafcass National Office

3rd Floor

21 Bloomsbury Street
Your ref: CAF22-27341
London
Our ref: Gov/CAF22-27341
WC1B 3HF

Tel   0300 456 4000
Email: xxxxxxxxxx@xxxxxxx.xxx.xx

                        08 11 2022
Dear Serena Principal,

Re: Freedom of Information request

Thank you for your email of 12th October 2022. You made the fol owing requests for information:

Please kindly provide answers to the fol owing:

1.  What is the purpose of CAFCASS?

Cafcass represents children in family court cases in England. We independently advise the family courts
about what is safe for children and in their best interests. We put their needs, wishes and feelings first,
making sure that children’s voices are heard at the heart of the family court setting. Operating within the
law set by Parliament (Criminal Justice and Court Services Act 2000) and under the rules and directions
of the family courts, we are independent of the courts, social services, education and health authorities
and all similar agencies.

2.  What rules and procedures do you fol ow before acting on al egations?

Please find attached the Safeguarding and Child Protection policy.

3.  What are your fact finding procedures to corroborate the allegations as being true or false?

Cafcass can advise that practitioners wil  consider information from the Police and Children’s Services
to see if facts have been found through criminal court, through a conviction for these offences or whether
there is evidence to suggest corroboration from these agencies. The court wil  accept criminal
convictions as fact otherwise, it is for the family court to determine the facts in relation to allegations that
are disputed.

Sally Cheshire CBE Interim Chair
Jacky Tiotto Chief Executive

Cafcass, the Children and Family Court Advisory and Support Service, is a non-departmental body of the Ministry of Justice
Cafcass National Of ice, 3rd Floor, 21 Bloomsbury Street, London, WC1B 3HF

4.  How do you decide whether a child is at risk of harm?

Cafcass can advise that based on the information obtained from agencies, family members and children
themselves. This information is triangulated to best understand the child’s lived experience and whether
they are at risk or have suffered harm. This work is underpinned by Cafcass policy and procedures.

5.  What procedures do you follow to ensure that the child is not harmed by the decisions
CAFCASS make?

Cafcass makes recommendations or gives advice to the court. It is the court and/or parties that make
the decisions about children. There are numerous policies and procedures that Guide Cafcass’ work.
The Child Impact Assessment Framework (CIAF) and the Together Practice Framework being the two
overarching procedures that guide practice, along with the Welfare Checklist (CA 1989).

6.  How do you assess whether the child is suffering from harm, is not suffering from harm, is at
risk of suffering harm?

Please see response to Question 4.

7.  How do you assess what the impact wil  be upon permanently removing a child away from their
mother?

Cafcass can advise that each child is considered individual y and their circumstances and the impact on
them are key to the recommendations we make. The Welfare Checklist (Children Act 1989) is the
framework used where such a recommendation is made, and this has to be applied by the court. The
CIAF is used by practitioners to assist in understanding the impact on the child now and in the long term.
You can find further details on CIAF on the Cafcass website.

8.  Does the potential risk of harm to a child outweigh the inevitable harm and trauma that wil  no
doubt be caused to a child by removing them from a secure, loving and happy environment?

. Each child is considered upon their individual circumstances. Both the potential risk of harm for a child
and the harm of removing them from where they are living wil  be considered.

9.  Do you assess the child in the home environment they are being removed from?

This wil  depend on the specific circumstances and wil  be based on professional judgement. For
example, a child may need to be seen in a neutral environment to ascertain their wishes and feelings.

10. On what grounds are decisions based on before removing a child from their mother?

Cafcass can advise that this is based on risk of or harm experienced by that child, the child’s wishes
and feelings, the welfare checklist and the child’s best interests. It is the court that makes these decisions
or the police. Cafcass does not have the statutory authority to remove children.

Sally Cheshire CBE Interim Chair
Jacky Tiotto Chief Executive

Cafcass, the Children and Family Court Advisory and Support Service, is a non-departmental body of the Ministry of Justice
Cafcass National Of ice, 3rd Floor, 21 Bloomsbury Street, London, WC1B 3HF

11. Do you take the opinion of Local Authority Social Services into account? Yes or No?

Cafcass do take the opinion of the Local Authority Social Services into account.

12. If you do not take the opinion of Local Authority Social Services into account, please explain
why?

Please see response to Question 11.

13. Is the Family Court Advisor/Child Guardian Case Analysis report designed to be based on
factual information supported by material evidence or based on probability/opinion?

Cafcass can advise that it is based on factual information as well as professional Judgement.

We hope that you feel your question has been answered effectively. If you are unhappy with the
decisions made in relation to your request, you may ask for an internal review to be undertaken.  If you
are dissatisfied with the way the internal review is handled or with the final decision made at that review
about the information released, you are free to contact the Information Commissioner’s Office
(https://ico.org.uk/):

Post

    Fax
Information Commissioner's Office

01625 524 510
Wycliffe House, Water Lane,

Tel
Wilmslow,

0303 123 1113
Cheshire

E-mail
SK9 5AF

xxxxxxxx@xxx.xxx.xx

Yours sincerely,

Governance Team
Cafcass
xxxxxxxxxx@xxxxxxx.xxx.xx

Sally Cheshire CBE Interim Chair
Jacky Tiotto Chief Executive

Cafcass, the Children and Family Court Advisory and Support Service, is a non-departmental body of the Ministry of Justice
Cafcass National Of ice, 3rd Floor, 21 Bloomsbury Street, London, WC1B 3HF

Document Outline