Cafcass adopts new policy to protect victims of domestic abuse in court system

Family Court Advisors and Children’s Guardians will no longer use language such as ‘claims’ or ‘alleges’ in reports to court, using instead the words of children and adults who are victims of domestic abuse, in line with a new Domestic Abuse Practice Policy published by Cafcass.

The policy, published yesterday (9 October), sets out the practice requirements that Cafcass Family Court Advisers (FCAs) and Children’s Guardians must follow in protecting child and adult victims of domestic abuse when they advise the courts about the welfare of the child and the child’s best interests.

The policy states that:

• The starting point for recommendations about a child spending time with a parent who is being investigated by the police for a sexual offence, who has a conviction for a sexual offence and/or who has served a prison sentence for violent and sexual offences is 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; and
• FCAs and Children’s Guardians are required to provide clear, unequivocal, and compelling rationales in their reports to the court if they do not adhere to the starting points set out in the policy and if in their assessment and analysis, they recommend ‘time with’ or ‘live with’ arrangements when domestic abuse is being investigated, has been found, is known or is reported by a child or adult.

Cafcass noted that the policy reflects the intentions of the Domestic Abuse Act 2021, Practice Directions 12J, and 12Q to protect child and adult victims of domestic abuse.

In June 2020, the Harm Panel published a report setting out concerns which included that the family justice system does not effectively protect victims of domestic abuse because it is adversarial, that key agencies work in silos and that a “contact at all costs” culture predominates.

It reported that FCAs and Children’s Guardians are not sufficiently resourced or trained, that they prioritise children spending time with a parent, even when a child says they don’t want to.

In response, the court advisory service established a national improvement programme which required all FCAs and Children’s Guardians to undertake a mandatory learning and development programme.

Cafcass noted: “Learning from audit, family feedback, complaints, critical legal judgements, and serious incidents shows progress and improvement but there is more to be done. […] This is why a Domestic Abuse Practice Policy has been put in place. Every practitioner and manager is required to confirm that they have read and understood the policy and will incorporate it into their practice.”

Cafcass Chief Executive, Jacky Tiotto said: “No child or adult should have to live with or worry about the prospect of spending time with another adult who threatens, controls, abuses, and harms them. Sadly, many abusive adults apply to the family court to spend time or to live with their children despite causing them harm and being a risk of further harm to them in the future.

“Family Court Advisers and Children’s Guardians are independently appointed by the family court. Cafcass is their employer and sets policy and standards. Together, we have a statutory responsibility and duty to safeguard children in proceedings and in so doing, to advise the family court on arrangements that protect them and the adult parent or family member with whom they live.

“[…] When the advice put to the court, doesn’t get the balance right between the right of a child to have both parents in their lives and the risk of harm from that contact, when it doesn’t protect a child, when it isn’t in their best interests and when it puts their protective adult and carers in harms way, the consequences can be devastating.

“This is why we continue to prioritise further improvement in working with child and adult victims of domestic abuse. It is why we have an internal improvement programme, why we are listening so hard to child and adult victims and public concerns. We are intent on eliminating practice that isn’t good enough.”

Lottie Winson