On 9th October 2024, Cafcass introduced a new domestic abuse policy which outlines the practice requirements that Cafcass Family Court Advisers (FCAs) and Children’s Guardian’s have to follow in protecting child and adult victims of domestic abuse when providing advice to the courts about the welfare of the child and what is in the child’s best interests.
A report was published by the Harm Panel in June 2020. This report raised concerns that victims of domestic abuse are not adequately protected in the family justice system. There appeared to be a ‘contact at all costs’ culture. The report also stated that FCAs and Children’s Guardians are not sufficiently resourced or trained, focusing on children spending time with a parent, despite the child saying they do not wish to.
Cafcass responded to this by establishing a national improvement programme requiring all FCAs and Children’s Guardians to complete a compulsory learning and development programme. Following this, the new Domestic Abuse Practice Policy was put into place. Each practitioner and manager within Cafcass must confirm they have read and understood the policy and will incorporate it into their practice.
The key features of the new policy are:
- FCAs and Children’s Guardians can no longer use language such as ‘claims’ or ‘alleges’ in reports to court. The words of the adult or child victims of domestic abuse must be used and the Court are to determine the facts.
- Where there are investigations by the police for a sexual offence, a conviction for a sexual offence and/or a parent has served a prison sentence for violent and sexual offences, the starting point is that the child(ren) are not to spend time with that parent due to the significant risk of harm to them, as well as the impact on the adult victim of domestic abuse.
- FCAs and Children’s Guardians are to provide clear and compelling reasoning within their reports if they do not adhere to the points within the policy, they recommend ‘live with’ or ‘spend time with’ arrangements when domestic abuse is being investigated, has been found, or is known/reported by a child or adult.
Cafcass has also updated its Child Safeguarding Policy to align with the requirements of the Domestic Abuse Practice Policy.
The full policy can be read at Domestic Abuse Practice Policy.pdf
We can help
Whatever your situation we can provide immediate support and advice to you. We have vast experience in dealing with these matters, so please do not hesitate to contact our Domestic Abuse department today for help.
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