What is a CAFCASS Safeguarding Letter?

Within Family Law proceedings, it is usual practice for CAFCASS to be instructed to complete a safeguarding letter. This is usually ordered upon the court considering the C100 application made by the issuing party at the start of the proceedings.

CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS is an independent organisation which cares for the interests of children involved in family law proceedings.

A CAFCASS safeguarding letter is a short report setting out all the safeguarding enquiries made by CAFCASS prior to the first hearing. A Family Court Advisor will be allocated to the family who will then subsequently complete the safeguarding letter. The letter provides details of the current arrangements for the child, such as confirming where they are living and time they spend with the other parent if applicable. CAFCASS will include the results of the safeguarding checks, police checks and local authority checks. CAFCASS will speak with both parents to form part of their letter obtaining both parties’ views on the current arrangements and whether they have any safeguarding concerns against the other parent.

The safeguarding letter usually includes:-

• Brief history of the parties’ relationship;
• The current contact arrangements for the child;
• The outcomes of any police and local authority checks;
• Any concerns raised by either party during their interviews with CAFCASS;
• The CAFCASS officer’s analysis and advice to the court.

The purpose of a safeguarding letter is to identify any immediate safety or welfare risk to the child, provide initial advice to the court on how to manage the case and the next steps, and to determine if further CAFCASS involvement is needed.

CAFCASS will be considering the welfare checklist under the Children Act 1989 whilst completing the safeguarding letter. The welfare checklist includes:-

1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
2. the child’s physical, emotional and educational needs;
3. the likely effect on the child of any change in their circumstances;
4. the child’s age, sex, background and any characteristics of theirs which the court considers relevant;
5. any harm which the child has suffered or is at risk of suffering;
6. how capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
7. the range of powers available to the court under this Act in the proceedings in question.

CAFCASS will include a conclusion at the end of the letter and give advice to the court having considered all the information before them and the outcome of all the relevant checks. They will confirm whether there are any concerns about the child’s welfare and if there is any risk of harm to the child.

If CAFCASS is concerned about the child’s welfare or if they believe the child is at risk of harm, they are required to complete a risk assessment and provide this to the court explaining their concerns and the next steps that they propose. If this is the case, CAFCASS will be required to make a referral to the Local Authority that explains their concerns.

If no concerns are identified, the court may proceed without further CAFCASS involvement. If welfare concerns are identified, the court may order a full risk assessment to be undertaken by CAFCASS, for CAFCASS to undertake a Section 7 report: or for a Fact-Finding Hearing to be listed to address the disputed allegations of the parties.

If you are a parent that has received or is waiting to receive a CAFCASS safeguarding letter and require legal assistance in Children Act 1989 proceedings, please contact our Family Team at info@brethertons.co.uk or call 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office), or 01242 472747 (Cheltenham).