#Article 76
Ladies and Gentlemen, I am Philip Kedge, the director of the brilliant McKenzie Friend UK Network, and in this Kick Ass Vlog I will be discussing why Csfcass don't routinely read read court family bundles, but before I expose this shocking matter, I have to state that nothing I say constitutes legal advice because you don't need rip off lawyers in the family court and where all my opinions are entirely my own.
Now, I often have interesting conversations with current and former cafcass officers and recently something very interesting came to light which I would like to share with you.
To set the scene, it is not uncommon that family court service users contact me, after receiving a Cafcass Section 7 Report feeling deeply unhappy that the Cafcass Family Court Advisor has not listened to them, has not read previous statements or documents in the court bundle, and feel that they have just gone off on one doing their own thing without fully understanding the case. Well, I have put this feedback to both current and former Cafcass Officers and this is what they have explained.
Apparently it is very rare for Cafcass to receive court bundles. Before undertaking a Section 7 Report, the only documents that they may receive is the C100 application form, any C1a forms in relation to risks of harm, and the court order from the First Hearing Dispute Resolution Appointment. Now, here is the rub, unless the court order specifically states that the bundle must be sent to Cafcass or that the parties must prepare Position Statements for Cafcass in advance of the Section 7 Report, then they won't have access or sight of the full court bundle.
So, the reality is that Cafcass Family Court Advisors frequently go into the Section 7 Report with limited information where their main focus is to assess any risks of harm, to identify any parental conflict and where possible to establish the wishes and feelings of the children. Within that process, they will usually speak to both parents, without having seen any court bundle.
Another interesting position explained by my Cafcass contacts is that they actually don't want to routinely receive court bundles. If ordered by the court to read them, they say it can take a disproportionate amount of time to go through the paperwork which can place significant pressure on their professional time and resources.
Even if there may have been a Fact-Finding Hearing, usually the findings of facts are summerised in the court order, and that is all Cafcass will receive, they don't even get to see the witness statements. So, what does this mean for you, as the family court service user?
Well, firstly don't assume that the Cafcass Family Court Advisor for your case has a detailed understanding of your situation, and secondly your preparation for your meeting with the Cafcass Officer becomes very important. You need to understand the key points that you would like to get across and to be able to articulate your key information in a clear and concise manner.
That ladies and gentlemen is where we can assist you at the McKenzie Friend UK Network. Our trained and trusted McKenzie Friends can support you through your family court case and help you to prepare for your cafcass interviews where there are usually four points of contact with a Cafcass Family Court Advisor.
Firstly the Safeguarding Telephone Call, Secondly, at the First Hearing Dispute Resolution Appointment, thirdly a meeting for the Section 7 Report and lastly at the Dispute Resolution appointment.
Now this is very important, your Cafcass Officer won't speak to your pointless and rip of lawyer, if you are daft enough to spend thousands of pounds hiring one. At court, whilst you are speaking to Cafcass, your lawyer has to sit outside the Cafcass consultation room. However, a McKenzie Friend can enter that meeting with you and assist you.
So, to help you to prepare and to get the real support you need when engaging with Cafcass, simply go to contactphil.co.uk and request a free 30 minute chat with a trained and trusted McKenzie Friend from the McKenzie Friend UK Network . I am looking forward to hearing from you very soon.
