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Cafcass receives from the court copies of all s8 applications, including the C1 application,C1a additional information and the C7 response forms when available.
Cafcass screens all applications for risks for the child or family members.See pages 18 to 20 of the Safeguarding Framework.
Before the First Hearing Dispute Resolution Appointment (FHDRA), Cafcass will:• meet both parties separately• send appropriate information to children• enable child participation where information indicates ability and willingness tobe involved• meet the child and make relevant enquiries where information raisessafeguarding concerns.
Produce a Cafcass Initial Analysis and Recommendation for the FHDRA and, whenavailable, a Needs, Wishes and Feelings statement. The summary will outline the case plan and
recommend one of five options:
Option 1:Further
information isneeded
The Cafcass InitialAnalysis and
Recommendationwill identify theneed for moreinformation, eg aFact FindingHearing, an
adjournment to tryout an interim
agreement or thegathering of other
specialistinformation such as
medicalinformation.
CAFCASS PATHWAY IN PRIVATE LAW PROCEEDINGSSTAGE 1
Early Intervention
Option 2:No further actionfor Cafcass
Where there are noidentified
safeguarding issuesas a result of
checks and initialinterviews the casewill be referred backto court with nosuggestion offurther Cafcassinvolvement. TheInitial Analysis andRecommendationwill be presented tocourt, showing theresults of screening
checks andidentifying issuesfor the court toconsider (egmediation).
Option 3:Cafcass referral tolocal authoritychildren’s social
careWhere a significantlevel of risk isidentified in pre-
court work a referralor s120 notificationwill be made tochildren’s socialcare. The InitialAnalysis and
Recommendationwill identify the
issues in the case;further work may be
agreed at thehearing.
Option 4:Court referral tolocal authoritychildren’s social
careThe Cafcass InitialAnalysis and
Recommendationwill identify the
issues in the caseand suggest theyare best resolvedthrough an s7 or ans37 report by thelocal authority.
Option 5:Cafcass caseworkIn a small numberof cases, further
caseworkintervention with the
family will berecommended, with
ongoing riskassessment.
NB: This is the Cafcass national model for April 2008. The terminology, processes and ordering ofthe pathway may change slightly following evaluations of the model during 2007–08.
FHDRA – Court Hearing
Cafcass private law pathway July 2007 page 1
The casework may involve:• extended intervention where communication is problematic and conflict is affecting thechild’s wellbeing – Family Group Conference, coaching for parents on the needs ofchildren, support for child/ren, FAO, Rule 9.5, contact developments, programme forworking with most entrenched/implacable cases• a specific safety assessment• My Needs, Wishes and Feelings• focused and analytical report (s7 if required).
STAGE 2Casework
In court terms, this follows the first directions FHDRA. In Cafcass terms, this follows the early intervention stage.This stage is resource-intensive, so needs to be for a restricted number of cases.
NB: This is the Cafcass national model for April 2008. The terminology, processes and ordering ofthe pathway may change slightly following evaluations of the model during 2007–08.
Court Decision from Three Options
Cafcass private law pathway July 2007 page 2
Involvement of the child at an appropriate level. Ensure that the child has the ability tocontribute and that the child’s views inform the court. When the court requests an update on
casework, this will be through an Interim Analysis and Recommendation (updated from the InitialAnalysis and Recommendation).
Cafcass will act as case manager in working with possible referral to mediation, contactcentre, perpetrator programmes, child counselling and other community-based programmes.
STAGE 3Final Court Hearing
Submit the Final Analysis and Recommendation, which focuses on:• the child’s views, needs, wishes, feelings• the analysis• plans for the child• plans for informing the child of the outcome of proceedings.
STAGE 4Court Decision
A) In a smallnumber of cases thecourt may order furthercasework from Cafcassand the case returns to
the beginning ofstage 2.
B) Resolution isachieved where it is
safe. Caseconclusion.
C) Cafcass caseconclusion, although thecourt proceedings may
continue.
From options Band C ensure that the
child, family,professionals and court
are aware of theopportunity to feedbackviews through Cafcassfeedback mechanisms.