What is the role of CAFCASS?

Cafcass is a non-departmental public body accountable to the Secretary of State for Children, Schools and Families in the Department for Children, Schools and Families (DCSF). Cafcass works within the strategic objectives agreed by DCSF. It is independent of the courts, social services, education and health authorities and all similar agencies.

The role of CAFCASS is to:

- safeguard and promote the welfare of children
- give advice to the family courts
- make provision for children to be represented
- provide information, advice and support to children and their families

The primary purpose of Cafcass is to safeguard the welfare of children against harm, to safeguard a stable and secure life for children and young people, and to represent the interests of each child or young person referred to them.

In relation to family proceedings at court, Cafcass has a statutory responsibility to ensure that children and young people are put first in the proceedings, that their voices are properly heard, and that the decisions made about them by courts are in their best interests. Cafcass Family Court Advisers (FCAs) will assist and support both the child and family in court proceedings and will advise the court on what they consider to be in the best interests of the children they are working with.

Cafcass gets involved in both public law and private law children matters. In public law proceedings when children are subject to an application for care or supervision proceedings by social services FCAs act as Children’s Guardians. In private law proceedings when parents who are separating or divorcing can’t agree on arrangements for their children FCAs act as Child and Family Reporters, or as Guardians ad Litem if separate representation of the rights and interests of the child is required. Additionally, Cafcass gets involved if children might be adopted.

A family law solicitor can provide further legal advice on the role of Cafcass in family law proceedings. It is highly advisable to be represented by a family solicitor when involved in court proceedings involving children. A family solicitor can provide legal advice and raise any objections with a Cafcass report to the court.

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