New Domestic Abuse Practice Policy released by CAFCASS

Who Is CAFCASS?

CAFCASS is the Children and Family Court Advisory and Support Service.  Their role is to independently advise the Family Court within court proceedings on safe decisions for children and to make recommendations for children.  Their opinion as professionals is given significant weight by the court and can be hard to challenge. 

If you have had a case before the Family Court, you may be familiar with CAFCASS and the importance of their role in decision making for children.  Certainly, the private children team here at GoodLaw Solicitors LLP come across CAFCASS and the reports they provide in cases on an almost daily basis.

In October 2024, CAFCASS issued a new Domestic Abuse Practice Policy which is set to reform the way in which domestic abuse is considered and dealt within Family Court proceedings.

The policy can be found here: Domestic Abuse Practice Policy.pdf

Key Changes in the Policy

Sexual Offence Allegations

The most important change set out in the new policy is that if a parent is either being investigated for a sexual offence, has a conviction for a sexual offence or has served a prison sentence for a sexual offence, the starting point is that a recommendation should be made for a child not to spend time with that parent. Any departure from this starting point must be supported by compelling reasons.  

This can be really significant for parents facing allegations combined with the delay and backlog with the courts.  This means that a parent who is facing false allegations, which will ultimately not be pursued by the police or family court, could go without seeing their children at all for a significant amount of time. 

Whilst the approach in criminal courts is “innocent before proven guilty”, the family courts have a duty to safeguard children first whilst investigations are ongoing and must balance this with an individual’s right to private life.  How this plays out in practice in light of this updating guidance, will certainly provide some challenges to the courts and individuals but our specialist lawyers will be able to advise you throughout.

Domestic Abuse

Another change that has been brought in is a greater emphasis will now be placed on CAFCASS to consider any incident of domestic abuse, whether it be a single incident or a pattern of abuse and they must not dismiss or minimise domestic abuse simply because it is historical or a one-off incident.  

Additional Measures Introduced

Other changes brought in by the new policy include the following:

• CAFCASS must provide clear, unambiguous and compelling justifications in their reports if they recommend that a child spends time with or lives with a parent who is being investigated or has been found to be abusive. 
• CAFCASS must now use the exact language used by children and adult victims of domestic abuse and must no longer use language such as ‘alleges’ or ‘claims’.  
• If a fact-finding hearing is to take place, consideration must be given as to whether direct contact should be suspended pending the outcome of the fact-finding hearing. 
• When assessing arrangements for children, CAFCASS must take into account the principles already set out in Practice Direction 12J, which places a duty on the Court to consider domestic abuse, including whether the perpetrator takes responsibility for the impact of their actions, is able to address any harm caused and whether contact can take place safely. 

The motivation behind these new measures is to provide victims of domestic abuse greater protection during the course of family proceedings and ensure that both adults and children are not being exposed to further abuse through the Court system. This is significantly important and will offer an additional level of needed protection to those people.   

Contact GoodLaw Solicitors

At GoodLaw Solicitors LLP, our team’s focus is on the children involved in these cases, if you have been a victim of domestic abuse and require support with Court proceedings, please do not hesitate to get in contact with our family law solicitors.

We offer legal aid funding and free initial consultations in qualifying circumstances and will be able to advise you with compassion, understanding and experience. 

Contact us today.