Before the first hearing in most child arrangements proceedings, CAFCASS carries out an initial safeguarding enquiry. This is a preliminary check rather than a full assessment, but its results are reported to the court at the first hearing and can significantly affect the initial directions the court makes.
The safeguarding check involves a check of police records to identify any incidents involving the parties or their address, a check of local authority records to see if there has been any social care involvement with the family, and contact with both parents by telephone to gather basic information about their concerns and about the child's circumstances. CAFCASS does not visit the family home or interview the child at this initial stage.
The results of the safeguarding check are recorded in a safeguarding letter sent to the court before the first hearing. The letter sets out any concerns identified and CAFCASS's initial assessment of the risks. The letter is not a recommendation about the arrangements for the child: that comes later in a Section 7 report if one is ordered.
Where the safeguarding letter identifies no significant concerns, the first hearing is likely to focus on whether the parties can reach an agreement, with CAFCASS assisting in that process. Where the letter identifies concerns, particularly relating to domestic abuse, the court will consider whether a fact-finding hearing is needed before any substantive order is made, and interim arrangements for contact will be considered more carefully.
Errors in safeguarding letters do occur, particularly where police records are associated with an address rather than an individual. If you believe information in the letter is inaccurate, you should raise this at the first hearing and provide evidence to correct the record. A barrister representing you at the first hearing can address inaccurate safeguarding information effectively.
The CAFCASS safeguarding check is an initial enquiry carried out before the first hearing in child arrangements proceedings. It covers police and local authority records and contact with both parents. The results are reported in a safeguarding letter that influences the direction of the case at the first hearing. Errors can be addressed at that hearing with appropriate evidence.
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