Cafcass safeguarding checks and the safeguarding letter: what to expect
After a C100 is issued, Cafcass runs police and local authority checks and usually phones each party. It reports the results to the court in a safeguarding letter before the first hearing.
- Starting a case
- Responding to a case
Who Cafcass are
Cafcass is the Children and Family Court Advisory and Support Service. In Wales the same work is done by Cafcass Cymru, and the letter is called a safeguarding report.
Cafcass staff advise the court about children. They can answer questions about the process, but they cannot give you legal advice.
How Cafcass gets involved
The court sends Cafcass a copy of the C100, any Form C1A and the notice of hearing. The rules say this should happen no later than 2 working days after issue.
When the respondent returns Form C7 and any C1A, the court sends copies to Cafcass as well.
What the checks involve
Before the first hearing, Cafcass limits its contact to matters of safety.
- Checks with the police about the parties.
- Checks with the local authority about any concerns for the child or other children.
- A telephone interview with each party, in most cases, about any welfare or safety worries.
- If risks are found, Cafcass may invite parties to meet separately before the hearing.
Contact with the child and other people
Cafcass will not contact your child before the first hearing. Only the parties are interviewed at this stage.
You may want to rely on a statement from someone not named in the application. Cafcass says it must go to the court, not to Cafcass.
Cafcass phone calls may happen close to the hearing date. Cafcass says not to worry if you do not hear from them straight after the welcome letter.
The safeguarding letter
The safeguarding letter sets out the current arrangements for the child and the results of the checks. It describes what was said in the phone interviews and says which court forms were considered.
It ends with the Cafcass officer's advice. It may say there is no further role for Cafcass. It may say a section 7 report is needed, or that the case could go to a final hearing.
If a Cafcass officer suspects a child is at risk of harm, they must prepare a risk assessment for the court. Cafcass says it will also refer its concerns to children's social care.
At the first hearing
If you have not been sent the safeguarding letter, the court must tell you what it says.
If the checks are not ready and there is no other reliable safeguarding information, the court should adjourn. It should not usually make interim orders without safeguarding information.
Some family courts use a different approach called the Child Focused Model. There, a Child Impact Report is prepared early and the steps differ from those described here. Cafcass says the model is being rolled out across England and Wales. In those courts, safeguarding checks are part of the Child Impact Report.
If you are worried about safety
You can raise concerns about domestic abuse or harm on Form C1A, and in your Cafcass phone interview.
If you or a child are in immediate danger, call 999 and ask for the police. You do not have to reveal your address or contact details to the other party. You can tell the court on Form C8 and they will not be shared unless the court directs.
Key dates
- No later than 2 working days after issueThe court sends the C100, any C1A and the notice of hearing to Cafcass.Source: PD12B paras 8.9-8.10, 22.2A (external source, opens in a new tab)
- Within 17 working days of Cafcass receiving the application, and at least 3 working days before the hearingCafcass sends the safeguarding letter to the court. In Wales the period is 20 working days.Source: PD12B paras 13.5, 13.7, 22.3 (external source, opens in a new tab)
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Common questions
Will Cafcass speak to my child before the first hearing?
No. The rules say the Cafcass officer will not start contact with the child before the first hearing.
Will I see the safeguarding letter?
If Cafcass has not sent it to you, the court must tell you what it says at the first hearing.
Cafcass has not called me yet. Is that a problem?
Cafcass says phone interviews may be close to the hearing date. If no interview happened, the officer at court will discuss any outstanding safeguarding issues.
What checks does Cafcass do?
For child arrangements applications, the checks include information from local authorities and police checks on the parties. Cafcass usually also phones each party.
Can Cafcass give me legal advice?
No. The Cafcass officer can answer questions about the process but cannot give legal advice.
Where these facts come from
These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.
- Practice Direction 12B (Child Arrangements Programme) (external source, opens in a new tab)
- Family Procedure Rules 2010, Part 12 (external source, opens in a new tab)
- Cafcass: overview of our involvement as you go through the court process (external source, opens in a new tab)
- Cafcass: the safeguarding letter (external source, opens in a new tab)
- Cafcass: section 7 reports (external source, opens in a new tab)
- GOV.UK: Making child arrangements, after you apply for a court order (external source, opens in a new tab)
- Cafcass: Child Focused Courts (external source, opens in a new tab)
- Practice Direction 36Z (pilot scheme: private law reform) (external source, opens in a new tab)
- GOV.UK: Domestic abuse, how to get help (external source, opens in a new tab)
- Family Procedure Rules 2010, Part 29 (external source, opens in a new tab)
- PD12J (external source, opens in a new tab)