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21 October 2024
Children and Family Court Advisory and Support Service (CAFCASS) is an independent organisation which advises the family courts about what is in their best interests of the children brought before them.
CAFCASS has published a new Domestic Abuse Practice Policy which sets out the practice requirements that their Family Court Advisors (FCAs) and Children’s Guardians must follow in advising the Courts about the welfare and best interests of both child and adult victims of domestic abuse.
This policy stems from the Harm Panel’s June 2020 report, which found that the Family Justice System did not effectively protect victims of domestic abuse because it was adversarial, there was too much emphasis on “contact at all costs” and FCAs and children’s guardians were neither sufficiently resourced nor trained.
The new policy makes it clear that language such as ‘claims’ or ‘alleges’ will not be used in CAFCASS reports, as it is for the court to determine the facts.
The starting point for contact recommendations is that, in the case of a parent under police investigation for or convicted of a sexual offence, the child is not to spend any time with that parent.
FCAs and children’s guardians are required to provide clear, unequivocal and compelling rationales in their reports to the Courts if they do not adhere to the starting points set out in the new policy.
CAFCASS chief executive Jacky Tiotto said; “No child or adult should have to live with or worry about the prospect of spending time with another adult who threatens, controls, abuses and harms them.” She said of FCAs and children’s guardians that “we have a statutory responsibility and duty to safeguard children in proceedings…..and…..to advise the family court on arrangements to protect them.”
Louise Gidley, Head of the Family Team at Battens Solicitors, commented that, “This new policy is a significant step towards improving the protection of child and adult victims of domestic abuse in the Family Justice System.”
If you have any questions on this subject or are in need of some legal advice please do not hesitate to get in touch.
