Children and Family Court Advisory and Support Service
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The Children and Family Court Advisory and Support Service (CAFCASS) is a national non-departmental public body for England and Wales 1 set up to safeguard and promote the welfare of children involved in family court proceedings. It was formed on 1 April 2001 under the provisions of the Criminal Justice and Court Services Act and is accountable to Parliament through the Department for Education and Skills. CAFCASS is independent of the courts, social services, education and health authorities and all similar agencies.
With effect from 1 April 2005, responsibility for the functions of the Children & Family Court Advisory and Support Service in Wales became the responsibility of the National Assembly for Wales.
CAFCASS looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children's best interests. CAFCASS only works in the family courts. Examples of matters that may be taken to family courts are:
- when parents who are separating or divorcing can't agree on arrangements for their children;
- an adoption application or
- when children are subject to an application for care or supervision proceedings by Social Services
During 2003 CAFCASS was one of the targets of demonstrations by Fathers 4 Justice as part of the Fathers' rights campaign.
In 2004 CAFCASS published a policy and procedure to do with domestic violence.
Baroness Pitkeathley OBE is the current Chair of the CAFCASS Board, which includes eleven other members.
Anthony Douglas is the current Chief Executive and Accounting Officer; he is supported by the Corporate Decisions Group, nine regional managers and the Director of CAFCASS Cymru.
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[edit] Criticism of CAFCASS
Whilst the majority of CAFCASS users find that the intervention by the agency helps them find a resolution in the interests of their child, some fail to accept that social work practitioners might have a legitimate view on child welfare.
CAFCASS has been repeatedly criticised by fathers' rights groups who claim that it is failing in its duty to promote the welfare of children through unfairly denying children contact with absent parents (usually fathers). CAFCASS are also accused of overstepping their legal powers and taking an ideological position in favour of women. In practice, CAFCASS practitioners use their professional judgement on what is best for each individual child, based on the facts of the case.
In December 2003, CAFCASS's board was dismissed by Lord Falconer of Thoroton, the Lord Chancellor.
[edit] Recent CAFCASS history
In 2005/06 CAFCASS produced the consultation document Every Day Matters which led in turn to the development of a draft set of National Standards. These standards set out what service users, partner agencies and practitioners in the family justice system can expect from CAFCASS. The Standards update the 2003 CAFCASS Service Standards and Principles, and will be phased in from 1 April 2007. Before then, they are being piloted in the North East Region.
The National Standards put children in the family justice system at the heart of the service. The standards recognise the importance of service-user feedback and the active engagement and participation of children in their own case planning process. CAFCASS has been actively promoting the importance of listening to children and including their views in the decision making processes involved in court proceedings. Young people can offer their own "Needs, Wishes and Feelings" statement directly to the judge if they so choose.
This work has been led by the Children's Right's Team who spearheaded the formation of a Young People's Board for CAFCASS. This Board consists of 12 young people who have experience of using CAFCASS' services. Since formation in August 2006 they have been helping to shape CAFCASS policies and procedures.
[edit] Notes
Note 1: CAFCASS originally covered the whole of England and Wales, but on 1 April 2005, CAFCASS Cymru was created with responsibility transferred to the Welsh Assembly CAFCASS press release.
