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Book a MIAM →What Does CAFCASS Do in Child Arrangements Cases?
CAFCASS — the Children and Family Court Advisory and Support Service — advises the court on what is in the best interests of a child in contested cases. This guide explains when they get involved and what to expect.
Key points
- CAFCASS stands for the Children and Family Court Advisory and Support Service.
- CAFCASS is involved in contested private law child arrangements cases to advise the court on the child's welfare.
- CAFCASS conducts initial safeguarding checks on both parents before the first court hearing.
- A safeguarding letter summarises the results of initial checks and is provided to the court before the First Hearing.
- In more complex cases, CAFCASS may be instructed to produce a section 7 welfare report.
- CAFCASS advisers (family court advisers) may speak directly with the child to understand their wishes and feelings.
- CAFCASS advises — it does not decide. The final decision always rests with the judge.
What Is CAFCASS?
CAFCASS — the Children and Family Court Advisory and Support Service — is an independent statutory service that safeguards and promotes the welfare of children involved in family court proceedings in England. CAFCASS Wales is a separate organisation covering Wales.
CAFCASS is distinct from social services and from the court itself. Its role is to provide the court with independent advice about what arrangements would be in the best interests of the child — grounded in direct work with the child and family.
CAFCASS family court advisers (FCAs) are qualified social workers with specialist training in children's welfare and family law. They are independent of both parents and of the local authority.
When Does CAFCASS Get Involved?
CAFCASS becomes involved when a private law child arrangements case is issued at a family court. Once a C100 application is received, the court notifies CAFCASS, who then conduct initial safeguarding checks on both parents before the first hearing.
Not all contested child arrangements cases require full CAFCASS involvement beyond the initial checks. In straightforward cases, the safeguarding letter may be all the court needs. In more complex cases — where welfare concerns are raised, allegations of abuse are made, or a section 7 welfare report is directed — a CAFCASS FCA will be more actively involved.
CAFCASS also gets involved in public law proceedings (care cases), but this article covers their role in private law child arrangements cases.
The Safeguarding Letter
Before the first hearing in a child arrangements case — the First Hearing Dispute Resolution Appointment (FHDRA) — CAFCASS produces a safeguarding letter. This document summarises the initial checks CAFCASS has conducted on both parents.
These checks include: a check of police records relating to both parents and any other relevant individuals in the household; a check with children's services to establish whether either parent is known to them or has been the subject of any referrals or investigations.
The safeguarding letter gives the court and the parties an early picture of any concerns that may need to be addressed in the proceedings. It does not represent a full welfare assessment — that requires a section 7 report. But it may identify issues that will significantly shape how the case progresses.
Note
The safeguarding letter is not a judgment. Adverse information in a safeguarding letter means the concern will be explored — not that the outcome is predetermined.
What Is a Section 7 Welfare Report?
In more complex contested cases, the court may direct CAFCASS to produce a section 7 welfare report. This is a fuller investigation into the child's circumstances, involving interviews with both parents, direct work with the child, and potentially interviews with other relevant individuals such as teachers or GPs.
The section 7 report sets out CAFCASS's assessment of the child's welfare and their recommendations about what arrangements would best serve the child's interests. Judges take these recommendations seriously — though they are not bound by them.
A section 7 report significantly extends the duration of proceedings. Cases where a report is ordered can take 12 months or longer to reach a final hearing.
Read more: CAFCASS Report Explained — a full guide to the section 7 welfare report process.
The Child's Voice in CAFCASS Assessments
A central part of CAFCASS's work is giving children a voice in proceedings about their own lives. Family court advisers are trained to work directly with children in age-appropriate ways — helping them understand what is happening and giving them the opportunity to express their wishes and feelings.
The child's views are fed into the safeguarding letter or section 7 report and brought before the court. Courts take the views of children seriously, especially as they get older. A child's expressed preference is one factor in the welfare assessment — it is not determinative, but it matters.
CAFCASS can also appoint a children's guardian in complex cases to represent the child's interests directly before the court.
Related Questions
What is a CAFCASS safeguarding letter?
A CAFCASS safeguarding letter is an initial document produced before the first hearing in a child arrangements case. It summarises the results of initial safeguarding checks — including police records and social services checks on both parents — and gives the court an early overview of any concerns that may need to be addressed during proceedings.
Does CAFCASS decide where a child lives?
No. CAFCASS advises — it does not decide. A CAFCASS family court adviser provides recommendations to the court based on their assessment of the child's welfare. The decision about where a child lives rests entirely with the judge, who considers CAFCASS's recommendations alongside all other evidence in the case.
Next Steps: Consider Whether Mediation Can Still Help
Even where CAFCASS is already involved, it is not too late to explore mediation. Courts actively encourage parties to reach agreement wherever possible — even mid-proceedings. An agreement reached in mediation before a final hearing saves significant time, money, and emotional cost.
If you have concerns about the CAFCASS process or about what is being raised in proceedings, speaking to a family solicitor is strongly advisable.
You may also want to learn about:
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Courts prefer agreement over a judge's decision wherever possible.
Mediation can still work — even after proceedings have started.
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