Safeguarding

13.1

Where an application is made for a child arrangements order (but not necessarily for specific issue or prohibited steps orders), before the FHDRA (see paragraph 14 below) Cafcass / CAFCASS Cymru shall identify any safety issues by the steps outlined below.

13.2

Such steps shall be confined to matters of safety. The Cafcass Officer or (in Wales) the Welsh Family Proceedings Officer (WFPO) shall not discuss with either party before the FHDRA any matter other than one which relates to safety. The parties will not be invited to talk about other issues, for example relating to the substance of applications or replies or about issues concerning matters of welfare or the prospects of resolution. If such issues are raised by either party, they will be advised that such matters will be deferred to the FHDRA when there is equality between the parties and full discussion can take place which will be a time when any safety issues that have been identified can also be taken into account.

13.3

In order to inform the court of possible risks of harm to the child Cafcass / CAFCASS Cymru will carry out safeguarding enquiries. For all child arrangements orders this will include seeking information from local authorities, and carrying out police checks on the parties. For all other applications received from the court on the form C100, Cafcass / CAFCASS Cymru will carry out a screening process and will undertake those checks if in the professional judgment of the Cafcass officer, or the WFPO in Wales, such checks are necessary.

13.4

Cafcass / CAFCASS Cymru will, if possible, undertake telephone risk identification interviews with the parties and if risks of harm are identified, may invite parties to meet separately with the Cafcass Officer, or WFPO in Wales, before the FHDRA to clarify any safety issue.

13.5

Cafcass / CAFCASS Cymru shall record and outline any safety issues for the court, in the form of a Safeguarding letter (in Wales, this is called a ‘Safeguarding report’).

13.6

The Cafcass officer, or WFPO, will not initiate contact with the child prior to the FHDRA. If contacted by a child, discussions relating to the issues in the case will be postponed to the day of the hearing or after when the Cafcass officer or WFPO will have more knowledge of the issues.

13.7

Within 17 working days of receipt by Cafcass / CAFCASS Cymru of the application, and at least 3 working days before the hearing, the Cafcass Officer or WFPO shall report to the court, in a Safeguarding letter / report, the outcome of the risk identification work which has been undertaken. The letter / report should specify which court forms filed by the parties (C100, C7 and C1A) have been considered.

13.8

Further, Cafcass and CAFCASS Cymru are required, under section 16A Children Act 1989, to undertake (and to provide to the court) risk assessments where an officer of the Service ('Cafcass Officer' or WFPO) suspects that a child is at risk of harm.