Cafcass – the organisation that allocates Guardians and Family Court Advisors (FCAs) to assist the court when it makes decisions about children – has published a new policy on 9 October, which sets out the approach they must take when allegations of domestic abuse arise.
Cafcass Domestic Abuse Policy
This new policy has been formulated after a child was very seriously harmed while spending time with a parent who had been domestically abusive. It is likely to lead to Cafcass taking a far more cautious approach in its recommendations when domestic abuse is raised.
If a parent:
- Is being investigated by the police for a sexual offence or
- Has a conviction for a sexual offence and/or who has served a prison sentence for violent and sexual offences
Cafcass’s starting point will be for that child not to spend time with the parent due to the significant risk of harm and the risk of further harm to the child victim, as well as the impact on the adult victim of the abuse.
How will the policy protect child and adult victims of domestic abuse?
Cafcass must assess a child’s immediate safety if allegations of domestic abuse are made against the parent they live with. Consideration will be given to whether a referral should be made to a local authority, and whether the child should continue to live with that parent.
If FCAs or guardians consider that a child should spend time (have contact) or live with a parent against whom allegations have been made, they must provide clear and “compelling” reasons in their report to explain why they believe this is safe and in the child’s best interests.
Guardians and FCAs will not recommend any contact if the child, and the parent they live with, are staying in a refuge following allegations of domestic abuse.
The purpose of the new policy is to set out the approach that must be taken when working with children and adults who say they have experienced domestic abuse. Follow the link for the full guidance from Cafcass on its new Domestic Abuse Policy.
If you wish to discuss this new policy please contact our Family Law team who will be happy to help.