Cafcass, the Children and Family Court Advisory and Support Service, is the body that represents the interests of children in family court proceedings in England. Cafcass was created by section 11 of the Criminal Justice and Court Services Act 2000 as “a body corporate to be known as the Children and Family Court Advisory and Support Service”, and began work on 1 April 2001.[1][2] Section 12 of the Act gives it four principal functions in family proceedings in which the welfare of children is in question: to “safeguard and promote the welfare of the children”, to “give advice to any court about any application made to it in such proceedings”, to “make provision for the children to be represented”, and to “provide information, advice and other support for the children and their families”.[3] Cafcass is an executive non-departmental public body sponsored by the Ministry of Justice; in Wales the same functions are performed by Cafcass Cymru, part of the Welsh Government.[4][5][6]
In private law cases, disputes between parents or family members about a child, Cafcass carries out safeguarding checks and writes a safeguarding letter before the first hearing, attends the First Hearing Dispute Resolution Appointment, prepares section 7 reports where the court orders them, and acts as children’s guardian where a child is made a party.[7][8][9] In public law cases, applications by local authorities for care and supervision orders, it provides the children’s guardian who instructs the child’s solicitor.[10] Cafcass worked with 132,416 children in 2024-25.[11] Ofsted rated it outstanding in all areas after a full inspection in January and February 2024.[12]
Definition and role
Cafcass describes its role in these terms: “We represent the interests of children and young people in the family court” and “independently advise the family courts about what is safe for children”, with a focus on “their needs, wishes and feelings”.[13] GOV.UK states that it “looks after the interests of children involved in family proceedings” and operates independently of the courts and of social services while working within the rules of the Family Court.[4] It is not a party to proceedings and does not represent either parent; its practitioners are officers of the court whose advice the court weighs but is not bound by.[14]
Its practitioners are called Family Court Advisers (FCAs) in private law; in public law, and where a child is made a party in private law under rule 16.4 of the Family Procedure Rules, they act as children’s guardians.[8][10] Cafcass becomes involved only when a court asks it to: it does not accept referrals from parents or the public, and Cafcass Cymru states the same, that it “may only become involved in a family law case when required by the court”.[6]
Its work spans the two halves of the family justice system. Private law cases, mostly begun on Form C100, accounted for 89,413 of the children it worked with in 2024-25; public law cases, mostly care proceedings under section 31 of the Children Act 1989, accounted for 43,003.[11] Cafcass also has functions in adoption and placement proceedings and in the enforcement of child arrangements orders, and it delivers the Planning Together for Children course for separated parents on behalf of the Ministry of Justice.[15][7]
Legal basis and status
Chapter II of Part I of the Criminal Justice and Court Services Act 2000 created Cafcass. Section 11(1) establishes the body corporate and provides that it exercises the functions conferred on it by the Act and other enactments; section 11(2) applies Schedule 2, which deals with its constitution, membership and powers; and section 11(3) defines an “officer of the Service”.[1] Section 12(1) sets out the four principal functions quoted above, and section 12(2) requires the Service to “make provision for the performance of any functions conferred on officers of the Service” under the Act or any other enactment.[3] The relevant provisions were brought into force on 1 April 2001 by the Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001.[2]
The specific powers Cafcass officers exercise come from other legislation, chiefly the Children Act 1989: section 7 (welfare reports), section 16 (family assistance orders) and sections 11H to 11L (monitoring and enforcement of child arrangements orders), together with Part 16 of the Family Procedure Rules (children’s guardians).[14][10][7] Practice Direction 12B requires Cafcass to carry out safeguarding enquiries in every private law case and to attend the FHDRA, and Practice Direction 12J gives it a defined role where domestic abuse is alleged.[7][16]
Cafcass is classified by GOV.UK as “an executive non-departmental public body, sponsored by the Ministry of Justice”.[4] Its annual report and accounts are laid before Parliament.[11] Its functions in respect of children ordinarily resident in Wales were transferred to the National Assembly for Wales on 1 April 2005 by section 35 of the Children Act 2004 and are now exercised by the Welsh Ministers through Cafcass Cymru.[5]
Functions
Cafcass performs five main kinds of work. In private law it carries out safeguarding enquiries and writes a safeguarding letter before the first hearing, attends the FHDRA to advise the court and help the parties agree, and writes section 7 reports where the court orders them.[7][17][18] In both private and public law it provides children’s guardians: in private law where the court makes the child a party under rule 16.4, and in public law in every care or supervision application.[10][9] It also reports on the suitability of enforcement orders, provides officers for family assistance orders and monitoring, prepares Child Impact Reports in the Child Focused Courts areas, and delivers Planning Together for Children.[7][19][15]
| Function | Basis | What the Cafcass officer does |
|---|---|---|
| Safeguarding letter | PD12B 13.1 to 13.7 | Checks with police and local authority, telephone risk-identification interview with each party, letter to the court within 17 working days of the application setting out any safety issues[7][17] |
| Attendance at the FHDRA | PD12B 14.6 to 14.7, 14.13 | Speaks separately to each party at court, advises the court on safeguarding and on whether a report is needed, and conducts a period of conciliation where safe[7] |
| Section 7 report | Children Act 1989, s.7; PD12B 14.13 | Detailed welfare assessment on the issues stated in the order, including meeting the child, with a recommendation; see section 7 report[14][18] |
| Risk assessment | PD12J; Cafcass practice | Where the officer suspects a child is at risk of harm, a risk assessment is provided to the court[17][16] |
| Children’s guardian (private law) | FPR rule 16.4 | Where the child is made a party, appoints a solicitor for the child and conducts the proceedings on the child’s behalf[10][9] |
| Children’s guardian (public law) | FPR Part 16 | Independent representation of the child in care, supervision, emergency protection and related proceedings, and in adoption and placement applications[10] |
| Enforcement | Children Act 1989, ss.11J to 11L; PD12B 21 | Reports on the suitability of an unpaid work requirement and on the child’s welfare where an enforcement order is sought[7] |
| Family assistance and monitoring | Children Act 1989, ss.16 and 11H; PD12B 15.5 | Advises, assists and befriends the family, or monitors compliance with a child arrangements order, where the court so orders[7] |
| Child Impact Report | Practice Direction 36Z, paragraph 13; Child Focused Courts | Assessment of the impact of the dispute on the child, gathered from each party, the child and safeguarding information, prepared before the first hearing in the pilot and roll-out areas[20][19] |
| Planning Together for Children | Commissioned by the Ministry of Justice | Court-ordered course of e-learning, a group workshop and an online parenting plan, replacing the Separated Parents Information Programme from 2023[15] |
Cafcass in a private law case
Cafcass’s own overview for parents sets out the sequence. After an application is issued the court sends a copy to Cafcass, which “carries out safeguarding checks with the police and the local authority”, then arranges an appointment to speak to each parent or carer by telephone, and “at least three days before the first court hearing” provides the court with a short report, the safeguarding letter.[8][7] The letter begins with the current arrangements for the children, records the results of the checks and “what was discussed in the telephone interviews with both parties”, and concludes “with an analysis and advice from the FCA about whether there are any concerns about the child’s welfare or if there is any harm or risk of harm for each child”.[17] In 2024-25 the letter was filed an average of 4.1 weeks after Cafcass received the application.[11]
At the FHDRA the officer speaks to each party separately, advises the court and, where safe, tries to help the parties reach agreement; Practice Direction 12B requires “a period in which the Cafcass Officer, or WFPO, will seek to conciliate”.[7] The officer’s advice may be that Cafcass has no further role, “for example where parents are now able to reach agreement by themselves”, or that “further assessment is required”.[17] Where the court orders a section 7 report, a Family Court Adviser carries out “a more detailed assessment of the disputed issues”, meets the parents, “usually” talks to the child alone, and reports to the court with a recommendation; the case then returns for a Dispute Resolution Appointment, and the adviser attends a final hearing if directed.[18][7]
Where domestic abuse is alleged, Practice Direction 12J shapes Cafcass’s role: no consent order should be made until the safeguarding checks are available and the officer has spoken to the parties separately; the officer’s views are among the factors the court weighs in deciding whether a fact-finding hearing is necessary; and any section 7 report should normally follow the findings and address the factors in paragraphs 36 and 37.[16] The Court of Appeal in Re H-N [2021] EWCA Civ 448 noted the importance of Cafcass’s early identification of patterns of coercive and controlling behaviour.[21] Cafcass reported that almost two thirds of the private law cases in which its work was ordered in 2024-25 required an assessment of harm from domestic abuse.[11]
In a small number of cases, “when the conflict between the parents threatens to compromise the interests of the child”, the court makes the child a party under rule 16.4 and Cafcass appoints a children’s guardian, whose role “is to appoint a solicitor to represent your child and to conduct the proceedings on behalf of the child”.[9][10] Rule 16.4 appointments rose 3.5 per cent in 2024-25.[11] An explanation of Cafcass written for children and young people, as well as their parents, is published by Kids and Divorce, a resource operated by Family Legal Ltd, the publisher of this wiki.[22]
Public law and other work
In public law proceedings, principally applications by local authorities for care or supervision orders under section 31 of the Children Act 1989, Cafcass appoints a children’s guardian for every child. The guardian instructs a solicitor for the child, investigates the case independently of the local authority and the parents, advises the court on the child’s interests at each stage, and files a final analysis with recommendations.[10] Cafcass received 16,195 new public law cases involving 25,801 children in 2024-25, and between 1 April and 31 July 2026 received 4,350 care applications involving 7,103 children.[11][23]
Cafcass also acts in adoption and placement proceedings, and where the court in a private law case directs a local authority investigation under section 37 of the Children Act 1989 because it appears that a care or supervision order may be appropriate, the Cafcass officer’s involvement continues alongside that investigation.[24][10] Its statutory function to provide “information, advice and other support for the children and their families” is discharged through its published guidance, the online parenting plan, and the Planning Together for Children programme.[3][15]
Cafcass Cymru
Cafcass Cymru performs the equivalent functions in Wales. Section 35(1) of the Children Act 2004 provides that, “in respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question”, it is a function of the Welsh Ministers to safeguard and promote the welfare of the children, give advice to the court, make provision for the children to be represented, and provide information, advice and support for children and their families, the same four functions as section 12 of the 2000 Act.[5] The practitioners are “Welsh family proceedings officers”, the term used throughout the Family Procedure Rules and Practice Directions alongside “officer of the Service”.[5][7]
Cafcass Cymru is part of the Welsh Government rather than a separate public body, based in Cardiff. It describes its role as providing “expert child-focused advice and support”, safeguarding children and making “sure their voices are heard in family courts across Wales”, and states that it “is not a legal service and cannot provide legal advice”.[6] Cafcass Cymru participated in the Pathfinder pilot from its start on 21 February 2022, when the North Wales courts at Caernarfon, Mold, Prestatyn and Wrexham were among the first pilot sites, and Practice Direction 36Z provides that the Child Impact Report is prepared by Cafcass Cymru where the child is ordinarily resident in Wales.[20][19] Its statistics are published separately from Cafcass’s, which cover England only.[25]
Governance and inspection
Cafcass is governed by a board; the Chair is Sally Cheshire CBE and the Chief Executive is Jacky Tiotto.[11] It is accountable to Parliament through the Ministry of Justice and publishes an annual report and accounts, the most recent for 2024-25 having been published on 11 December 2025.[4][11] Monthly demand statistics are published on the tenth working day of each month.[23]
Cafcass is inspected by Ofsted. Its most recent full inspection, between 22 January and 16 February 2024, judged it outstanding overall and outstanding in each of the three judgement areas: private law practice, public law practice and the impact of leadership. Ofsted evaluated more than 600 case records and interviewed more than 300 practitioners and managers, and found that “child engagement is strong and highly effective”.[12] The previous full inspection, in 2018, also produced an overall judgement of outstanding, and Ofsted has since carried out focused visits in 2021 (practice during the pandemic), 2023 (service delivery under high demand) and October 2025 (private law work involving domestic abuse).[26] Cafcass’s internal audit judged practice good or better in 73 per cent of the work audited in 2024-25.[11]
Statistics
| Measure | Figure | Period and source |
|---|---|---|
| Children worked with | 132,416 (down 3.6 per cent) | 2024-25, annual report[11] |
| Of which private law | 89,413 | 2024-25[11] |
| Of which public law | 43,003 | 2024-25[11] |
| New private law cases | 39,182 cases, 59,471 children (down 0.7 per cent) | 2024-25[11] |
| New public law cases | 16,195 cases, 25,801 children (up 0.7 per cent) | 2024-25[11] |
| Section 7 report requests | 18,187, including 5,116 addendum reports (down 9.1 per cent) | 2024-25[11] |
| Average time to file safeguarding letter | 4.1 weeks | 2024-25[11] |
| Average caseload, long-term teams | 18.2 per full-time equivalent | 2024-25[11] |
| New private law cases received | 14,870 cases, 22,603 children | 1 April to 31 July 2026, monthly data[23] |
| New care applications received | 4,350, involving 7,103 children | 1 April to 31 July 2026[23] |
| Open caseload | 29,228 cases, 46,750 children | 31 July 2026[23] |
| Daily demand | 250 children’s cases per working day (up 13 per cent on July 2025) | July 2026[23] |
| Private law cases started in the Family Court | 15,534 (up 16 per cent) | January to March 2026, Ministry of Justice[25] |
The Ministry of Justice’s Family Court Statistics Quarterly, which counts cases in the courts of England and Wales, and Cafcass’s own data, which count children and cases referred to Cafcass in England, are compiled on different bases and are not directly comparable.[25][23] Both series show private law demand rising again in 2026 after a fall in 2024-25.[25][23]
Criticism and debate
Cafcass occupies a contested position. Its advice carries great weight with courts, most parents in private law cases have no lawyer to test it, and its assessments necessarily disappoint one side in almost every case; submissions to the Ministry of Justice’s 2020 Harm Panel from parents on both sides of disputes described assessments as superficial or biased and children as unheard. The Harm Panel report, based on more than 1,200 submissions, set these complaints in a systemic frame. It identified four barriers to the family courts’ handling of domestic abuse: resource constraints, in that “resources available have been inadequate to keep up with increasing demand”; a “pro-contact culture” in which “courts placed undue priority on ensuring contact with the non-resident parent”; the adversarial system; and silo working between agencies. It listed Cafcass among the bodies requiring “additional investment”.[27]
Workload is the most persistent concern. Cafcass has repeatedly reported demand at or near record levels; in July 2026 it received 250 children’s cases per working day, 13 per cent more than a year earlier.[23] Ofsted’s 2023 focused visit examined service delivery under high demand, and its 2024 inspection, while judging practice outstanding, was conducted against that background.[26][12] Cafcass’s response has included the introduction of Planning Together for Children, participation in the Pathfinder pilot, and support for the Child Focused Courts model, in which its Child Impact Report replaces the safeguarding letter and much of the later reporting; the judiciary reported in March 2026 that cases in pilot areas were being resolved faster and that judges felt they were making “better, safer decisions”.[15][19] Critics of that model question whether a single early report can carry the weight previously borne by a fact-finding hearing and a section 7 report, particularly in cases of disputed domestic abuse.
History
| Date | Development |
|---|---|
| 2000 | The Criminal Justice and Court Services Act 2000 provided in section 11 for a single Children and Family Court Advisory and Support Service[1] |
| 1 April 2001 | Cafcass came into being under the Commencement No. 4 Order[2] |
| 1 April 2005 | Functions in Wales transferred to the National Assembly under section 35 of the Children Act 2004, creating Cafcass Cymru[5] |
| 22 April 2014 | The Child Arrangements Programme (PD12B) defined Cafcass’s role in safeguarding letters, the FHDRA and section 7 reports under the new single Family Court[7] |
| 2018 | Ofsted full inspection: outstanding overall[26] |
| June 2020 | The Harm Panel report identified resource constraints and a pro-contact culture across the family justice system[27] |
| 30 March 2021 | Re H-N: Court of Appeal guidance on coercive control, with implications for Cafcass’s assessment of patterns of abuse[21] |
| 21 February 2022 | The Pathfinder pilot began in Dorset and North Wales under Practice Direction 36Z, with Cafcass and Cafcass Cymru preparing Child Impact Reports[20][19] |
| 29 March 2023 | Planning Together for Children replaced the Separated Parents Information Programme[15] |
| 2 April 2024 | Ofsted announced an outstanding judgement in all areas following the January to February 2024 inspection[12] |
| 17 March 2026 | National roll-out of Child Focused Courts announced, with eight further areas in 2026-27[19] |
See also
- Section 7 report – Cafcass’s main private law report
- First Hearing Dispute Resolution Appointment – the hearing Cafcass attends
- Form C100
- Fact-finding hearing
- Dispute Resolution Appointment
- Final hearing
- Enforcing a child arrangements order
- The Family Court
- Welfare checklist – the framework Cafcass applies
- Children Act 1989
- Children after separation
References
- Criminal Justice and Court Services Act 2000, section 11: Establishment of the Service. legislation.gov.uk. Accessed 5 September 2026.
- The Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001, SI 2001/919. legislation.gov.uk. Brought Chapters I and II of Part I into force on 1 April 2001. Accessed 5 September 2026.
- Criminal Justice and Court Services Act 2000, section 12: Principal functions of the Service. legislation.gov.uk. Accessed 5 September 2026.
- Children and Family Court Advisory and Support Service. GOV.UK. Accessed 5 September 2026.
- Children Act 2004, section 35: Functions of the Assembly relating to family proceedings. legislation.gov.uk. Accessed 5 September 2026.
- Cafcass Cymru. Welsh Government. Accessed 5 September 2026.
- Practice Direction 12B: Child Arrangements Programme. Ministry of Justice. Accessed 5 September 2026.
- Overview of our involvement with you as you go through the court process. Cafcass. Accessed 5 September 2026.
- Rule 16.4 factsheet for parents. Cafcass. Accessed 5 September 2026.
- Family Procedure Rules 2010, Part 16: Representation of children and reports in proceedings involving children. Ministry of Justice. Accessed 5 September 2026.
- Cafcass Annual Report and Accounts 2024-25. Cafcass. published 11 December 2025. Accessed 5 September 2026.
- Cafcass judged to be outstanding by Ofsted following full inspection. Cafcass. 2 April 2024. Accessed 5 September 2026.
- About us. Cafcass. Accessed 5 September 2026.
- Children Act 1989, section 7: Welfare reports. legislation.gov.uk. Accessed 5 September 2026.
- Cafcass launches Planning Together for Children on behalf of the Ministry of Justice. Cafcass. 2023. Accessed 5 September 2026.
- Practice Direction 12J: Child arrangements and contact orders: domestic abuse and harm. Ministry of Justice. version of 28 April 2024. Accessed 5 September 2026.
- A Family Court Adviser gives safeguarding advice to court (the safeguarding letter). Cafcass. Accessed 5 September 2026.
- The court asks an FCA to write a report if your case goes beyond the first hearing (section 7 reports). Cafcass. Accessed 5 September 2026.
- Judges welcome roll-out of Child Focused Courts. Courts and Tribunals Judiciary. 17 March 2026. Accessed 5 September 2026.
- Practice Direction 36Z: Pilot scheme: private law reform: investigative approach. Ministry of Justice. Accessed 5 September 2026.
- Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. Find Case Law, The National Archives. 30 March 2021. Accessed 5 September 2026.
- Who is Cafcass? Your child’s voice in family court. Kids and Divorce (Family Legal Ltd). Accessed 5 September 2026.
- Our data. Cafcass. figures to 31 July 2026, published August 2026. Accessed 5 September 2026.
- Children Act 1989, section 37: Powers of court in certain family proceedings. legislation.gov.uk. Accessed 5 September 2026.
- Family Court Statistics Quarterly, January to March 2026. Ministry of Justice. 25 June 2026. Accessed 5 September 2026.
- Ofsted results. Cafcass. Accessed 5 September 2026.
- Assessing Risk of Harm to Children and Parents in Private Law Children Cases: Final Report. Ministry of Justice. June 2020. Accessed 5 September 2026.
External links
This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.