CAFCASS (Children and Family Court Advisory and Support Service) is an independent organisation that works with the Family Court in England to protect the interests of children during court proceedings. CAFCASS officers, also known as Family Court Advisers (FCAs), get involved in cases where decisions need to be made about a child’s welfare, particularly in care proceedings initiated by social services. 

When Does CAFCASS Become Involved? 

CAFCASS typically becomes involved when: 

Social Services Start Care Proceedings (Care Order or Supervision Order) 

• If the local authority believes a child is at risk of significant harm, they may apply to the Family Court for a Care Order or Supervision Order. 

• As soon as the application is made, CAFCASS is automatically appointed by the court to represent the child’s best interests. 

Emergency Protection Orders (EPOs) or Interim Care Orders (ICO) 

• If social services apply for an Emergency Protection Order (EPO) or an Interim Care Order (ICO), CAFCASS will be involved to assess the child’s welfare. 

Special Guardianship Applications 

• If a family member is applying to become a child’s Special Guardian, CAFCASS may be asked to conduct assessments and make recommendations to the court. 

Placement and Adoption Proceedings 

• When the local authority seeks to place a child for adoption, CAFCASS will assess whether this is in the child’s best interests. 

Disputes Over Parental Contact in Public Law Cases 

• If a child is in local authority care and there are disagreements about parental contact, CAFCASS may make recommendations on whether contact should continue or be limited. 

What Does CAFCASS Do in Child Care Proceedings? 

Appoint a Children’s Guardian (if care proceedings begin) 

• In care cases, CAFCASS assigns a Children’s Guardian, who is an independent officer representing the child’s best interests. 

Speak to the Child (if appropriate) 

• Depending on the child’s age and understanding, CAFCASS may meet with them to hear their views and wishes. 

Investigate the Child’s Circumstances 

• CAFCASS will assess the child’s home life, the parents’ ability to provide safe care, and any risks posed. 

Provide Reports & Recommendations to the Court 

• CAFCASS officers submit written reports advising the judge on what outcome would be best for the child. 

Attend Court Hearings 

• The Children’s Guardian and CAFCASS officer will attend court hearings to present their findings and advocate for the child’s welfare. 

Do Parents Have to Cooperate With CAFCASS? 

Yes. If CAFCASS is involved in your case, it is important to engage with them fully, as their recommendations can significantly influence the court’s decision. However, if you disagree with their assessment, you have the right to challenge their findings with the help of a solicitor. 

How Our Legal Aid Solicitors Can Help 

Advise You on CAFCASS Involvement – We explain what to expect and how to engage with CAFCASS positively. 

Challenge Unfair CAFCASS Reports – If you believe CAFCASS has made inaccurate or biased recommendations, we can help you dispute their findings. 

Represent You in Court – We will ensure your side of the case is properly presented and fight for the best outcome for you and your child. 

Legal Aid is Available – If you are involved in care proceedings, Legal Aid is automatically available and not means-tested. 

Need Legal Advice About CAFCASS Involvement? 

If CAFCASS is involved in your child care proceedings, and you need legal guidance, contact us today for expert advice and representation.