Children and Family Court Advisory and Support Service

Children and Family Court Advisory and Support Service
Abbreviation	CAFCASS
Formation	1 April 2001
Type	[Non-departmental public body but wholly funded by direct Grant from the Department for Education (DfE)
Purpose/focus	Reporting to Courts on the Safeguarding and welfare of children involved in Public and Private law Family proceedings
Region served	England
Chief Executive	Anthony Douglas
Website	www.cafcass.gov.uk

The Children and Family Court Advisory and Support Service (CAFCASS) is a non-departmental public body for England and Wales set up to safeguard and promote the welfare of children involved in family court proceedings. It was formed on 1 April 2001 under the provisions of the Criminal Justice and Court Services Act 2000 and is accountable to Parliament through the Department for Education. CAFCASS is independent of the courts, social services, education and health authorities and all similar agencies.

With effect from 1 April 2005, responsibility for the functions of the CAFCASS in Wales became the responsibility of the National Assembly for Wales.

CAFCASS looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children's best interests. CAFCASS only works in the family courts.

Examples of matters that may be taken to family courts are:^{[citation needed]}

• when parents make applications under Section 8 of the Children Act 1989 for such as prohibited Steps Orders
• when a parent wishes Contact with a child to cease to another parent / grandparent
• when parents who are separating or divorcing can't agree on arrangements for their children;
• an adoption application; or
• when children are subject to an application for care or supervision proceedings by Social Services

Baroness Claire Tyler of Enfield is the current Chair of the CAFCASS Board, which includes 11 other members.

Anthony Douglas is the current Chief Executive and Accounting Officer; he is supported by the Corporate Decisions Group, nine regional managers and the Director of CAFCASS Cymru.

CAFCASS history

CAFCASS was established in April 2001, and undertook work formerly provided by three separate departments:

• The Family Court Welfare Service (a subdivision of the probation service);
• The 57 panels of the Guardian ad Litem and Reporting Service (for local authority disputes);
• the children’s branch of the office of the children’s Official Solicitor.

CAFCASS was also created to make support available to parents bringing actions in the Family Court because of conflicts over arrangements about their children.

The impetus for creating CAFCASS was for primary financial reasons, to curtail the escalating costs of the Guardian ad Litem service and to reduce the delay in the allocation of care cases put before the Courts, and of cases brought by the parties in dispute. Some of these concerns were shared by CAFCASS employees. CAFCASS's functions on inception were to: safeguard and promote the welfare of the child; give advice to the court about any application made to it in such proceedings and prepare a report for the court; to make provision for children to be represented in such proceedings; and to provide information, advice and support for children and their families.

During 2003 CAFCASS was one of the targets of demonstrations by Fathers 4 Justice as part of the Fathers' rights campaign.

In December 2003, CAFCASS's board was dismissed by Lord Falconer of Thoroton, the Lord Chancellor.

In 2004 CAFCASS published a policy and procedure to do with domestic violence.

In 2005/06 CAFCASS produced the consultation document Every Day Matters which led in turn to the development of a draft set of National Standards. These standards set out what service users, partner agencies and practitioners in the family justice system can expect from CAFCASS. The Standards updated the 2003 CAFCASS Service Standards and Principles, and after being piloted in the North East Region, were phased in from 1 April 2007.

The National Standards put children in the family justice system at the heart of the service. The standards recognise the importance of service-user feedback and the active engagement and participation of children in their own case planning process. CAFCASS has been actively promoting the importance of listening to children and including their views in the decision making processes involved in court proceedings. Young people can offer their own "Needs, Wishes and Feelings" statement directly to the judge if they so choose.

This work has been led by the Children's Rights Team who spearheaded the formation of a Young People's Board for CAFCASS. This Board consists of 12 young people who have experience of using CAFCASS's services. Since the Board's formation in August 2006 they have been helping to shape CAFCASS policies and procedures.

Budget of CAFCASS

The CAFCASS total resource budget is published as being:

• £138,200.000 for the year 2010/11
• £100,848,000 for the year 2005/06
• £103,761,000 for the year 2004/05
• £97,910,000 for the year 2003/04

Criticism of CAFCASS

The Service Users of Cafcass are using the service at a time when emotions are running high, and often amidst high levels of inter-parental acrimony. The circumstances in which service users' come to use the services Cafcass provide, is often because on or more parent / other adult cannot meet the best needs of the child. Whilst most service users find that the intervention by the agency helps them find a resolution in the interests of their child, some do not believe that the Social Work practitioners have a legitimate view on child welfare.^{[citation needed]} CAFCASS has been criticised by fathers' rights groups who claim that it is failing in its duty to promote the welfare of children through unfairly denying children contact with non-resident parents.^{[citation needed]} CAFCASS are also accused of taking an ideological position in favour of women,^{[citation needed]} though CAFCASS practitioners are expected to use their professional judgement on what is best for each individual child, based on the facts of the case. They are also assisted when both parents in dispute make genuine efforts to seek a resolution between themselves for the children's benefit, which is undoubtedly in the best interests of the child.^{[citation needed]}

It has also been involved in controversy surroundings its use of Compromise Agreements / 'gagging' Clauses in the dismissal of staff / staff leaving and being paid more than the statutory minimum allowed.

There has also been recent criticsm regarding the use of the Duty Guardian System instead of the appointment of permanent Guardians in Care Proceedings.

It also recently made 55 Family Support Workers redundant.

Similar organisations in other countries

• Bureau Jeugdzorg and Raad voor de Kinderbescherming Netherlands
• Child Protective Services USA
• Jugendamt Austria and Germany

Notes

^ CAFCASS originally covered the whole of England and Wales, but on 1 April 2005, CAFCASS Cymru was created with responsibility transferred to the Welsh Assembly CAFCASS press release.

External links

• CAFCASS home page
• MSCI Reports on Cafcass Inspections, though Ofsted now inspect Cafcass
• Napo (trade union representing Cafcass and Probation staff)
• Committee on the Lord Chancellor's Department: CAFCASS Report
• Guidelines on safeguarding children within which all CAFCASS staff work