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CAFCASS/OPS/Procedures & Report Templates/DRAFT v.2 Draft issued: 17.09.2003
Putting children and young people first
Procedures and Report Templates for
Court Report Preparation in Family
Proceedings
Review Completion Date: TBC Page 1 of 18
CAFCASS/OPS/Procedures & Report Templates/DRAFT v.2 Draft issued: 17.09.2003
1. Introduction
1.1. These procedures arise from the framework provided by the Service Principles and
Standards issued on 22nd April 2003 and are for the preparation of CAFCASS
reports to Court and the use of the report templates.
1.2. Report templates, which are part of these procedures, will be developed for all
types of family proceedings. The report templates provide a framework for
consistent presentation that can be used for the majority of CAFCASS reports. All
CAFCASS reports to the court must comply with the relevant report template where
one has been issued.
1.3. Report templates provide standard headings, structure and an indication of the
type and range of information required in CAFCASS reports. However, the content
within the headings will be at the discretion of the practitioner and the issues to be
covered are dependent on the circumstances and needs of the individual child.
1.4. All report templates, where issued, are available on the intranet in the following
three formats:
a word-processing format for entry of text. Administrative staff or practitioners
can use these and, dependent upon local arrangements, an administrator can
complete the first part of the template (pages 1 and 2) and send it to the
practitioner for completion of the remainder of the document. In some locations
it may be that either the administrator or the practitioner completes all text
entry;
a format with headings only. This, again, is for use by an administrator or
practitioner who may prefer to enter text directly into the template; and
a format with guidance points (in italics). This is to provide suggestions on the
use of the templates and the content under each heading.
1.5. All report templates will be available, as they are issued, in Welsh for use in the
Welsh Courts.
2. The Purpose of Reports
2.1. The legislation states:
“In respect of family proceedings in which the welfare of the children is or may be in
question, it is a function of the Service [CAFCASS] to –
(a) safeguard and promote the welfare of the children;
(b) give advice to any court about any application made to it in any such
proceedings (…)”
[Criminal Justice and Court Services Act 2000 Section 12 (1)].
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2.2. CAFCASS is required to provide the following reports to court:
Children Act 1989: Section 7 and Section 41 (specified proceedings which
cover Care (Section 31) and related proceedings);
Court Amendment Rules 2001: Rule 9 (5) Guardian ad Litem Report;
Adoption Act 1976: Children’s Guardian or Reporting Officer Report in
Adoption or Freeing proceedings;
Human Embryology and Fertilisation Act 1990: Parental Order Report.
2.3. The purpose of a CAFCASS report is to focus on the best interests of the child
through providing a Family Proceedings Court with the relevant information,
investigation and assessment against the Welfare Checklist, and a
recommendation to the court.
3. Report Style
3.1 The report will be written in accordance with the report format and have regard to
the following:
a clear distinction will be made between facts, information obtained (indicating
source where appropriate) and the practitioner’s assessment or opinion;
information will be specific as opposed to general, particularly with regard to
child care concerns; and
the information in respect of each party will be balanced.
3.2. The information in the report should be:
clear, unambiguous and understandable to all parties and the court;
free from jargon;
tactful and sensitive;
non-discriminatory; and
precise, concise and relevant.
4. Addendum Reports
4.1. Practitioners should seek to avoid the use of unnecessary addendum reports. If a
practitioner is present in court when an addendum report is requested, the
practitioner should seek to clarify the purpose underlying the request. If this is to
review contact or residence arrangements, the practitioner should attempt to
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persuade the court that this can be undertaken by the court through the parties and
their solicitors, without recourse to the involvement of CAFCASS. If, at a
subsequent hearing, contact or residence arrangements are not satisfactory, a
report may then be requested, if appropriate.
4.2. When an addendum report is prepared the practitioner should:
restrict comment to the specific areas of concern identified by the court;
be brief and avoid duplicating any material which was contained in the original
report; and
submit the addendum report as a full report if the addendum report is prepared
more than three months after the original report.
5. Interim Reports
In public law it may be necessary for the practitioner to present an interim or other report
as directed by the court, or if an interim report is considered appropriate by the Children’s
Guardian. This needs to be in accordance with the requirements of the Judicial Protocol
for Case Management.
6. Agreement Reports
When an agreement is made in private law proceedings, the report can be brief. It should
normally cover:
details of the enquiries made;
the nature of the dispute;
details of the agreement;
whether it is the opinion of the practitioner that the agreement is in the best
interests of the child;
that the practitioner has considered the requirements of the Welfare Checklist;
and
a recommendation as to whether or not an order should be made.
7. Matters Of Fact
The report writer will need to assess whether disputed matters of fact are of material
relevance to the matters before the court and/or to the welfare of the child. This may be of
particular importance where allegations of domestic violence have been made. If factual
matters are likely to have a significant effect on the report enquiries, assessments or
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recommendations, the report writer must consider requesting an evidential hearing at court
before completing the report.
8. Court Filing Dates
The practitioner must adhere to filing dates for reports. It if becomes apparent that the
current filing date cannot be achieved, or is not appropriate, the practitioner will request a
directions hearing as soon as possible and propose a revised date, clearly outlining the
reasons.
9. Protocol for Judicial Case Management in Public Law Children Act Cases
9.1. The Judicial Protocol in Public Law Children Act Cases will establish a case
management system for all agencies, the aim of which is a 40-week timeframe for
completion of Section 31 applications. This includes a new timeframe for the
submission of all court forms and documentation.
9.2. The Case Management Checklist at Appendix A3 (page 43) of the Protocol should
assist the Children’s Guardian in the preparation for the case management
conference Step 4.3 of the Judicial Protocol. The checklist sets out when the case
management documents will need to be filed with the court. For case management
this includes:
a position statement (a guardian’s position statement on behalf of the child,
should comment on the Local Authority arrangements and plans for the child);
and
a completed case management questionnaire (Appendix A2 page 37 of the
Protocol).
9.3. By week 40, at least two days before the final hearing, the Children’s Guardian will
need to file and serve the court with a Section 31 report, and associated case
management documents.
10. Court Amendment Rules implemented 1st April 2001
10.1. In public and private law, and in accordance with Court rules 4.11 (a) and 4.11 (b),
the child should be notified of the contents of the report.
10.2. Rule 9 inserts a new rule 4.11A after 411. This rule sets out the additional powers
and duties of the Children’s Guardian. This includes ensuring that, in relation to a
decision made by the court in the proceedings, if he or she considers it appropriate
to the age and understanding of the child, the child is notified of that decision and, if
they are, it is in a manner appropriate to his or her age and understanding.
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10.3. This rule sets out additional powers and duties of the Children & Family reporter.
This includes:
notifying the child of the contents of his/her report as he/she considers
appropriate to the age and understanding of the child, including any
reference to the child’s own views on the application and the reporter’s
recommendation; and
if the Children and Family Reporter does notify the child of any contents of
his/her report, to explain them to the child in a manner appropriate to his/her
age and understanding.
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CAFCASS
Putting children and young people first
Section 7 (Children Act 1989) Report
(With guidance included in italics in bullet points)
Court:
Court Case Number:
Confidentiality
This report has been prepared for the court and should be treated as confidential. Subject to rules of
court it must not be shown nor its contents revealed to any person other than a party or a legal adviser
to such a party. Such legal adviser may make use of the report in connection with an application for
public funding (legal aid).
Concerns
Significant factual errors (not matters disputed by the parties) in this report should be referred to the
report writer or their manager. Concerns about other aspects of the report (for example, the extent of the
enquiries, the opinions expressed in it or matters disputed by the parties) must be addressed in court. If
any of the parties requires the Children & Family Reporter to be questioned in court, they must (through
their solicitor, if they have one) immediately ask the court to order the Children & Family Reporter to
attend.
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CHILD(REN) SUBJECT TO THE APPLICATION
Forename Family Name Gender DoB Age Ethnic Origin
Use the categories on the Diversity Monitoring Form here. A more detailed description
of the child(ren)’s and parties’ ethnic origin and cultural background can then be given
in the report under the headings “Children” and “Parties”.
Living with (name and relationship to the child):
If there are several children and they are not all living together, please specify which
children are living with whom. Indicate if the child or children are living with the
applicant or the respondent. Consider whether or not the circumstances of the
application indicate that the addresses of children, applicants or respondents
should be omitted from the report.
PARTIES TO THE PROCEEDINGS
Applicant
Forename Family Name Relationship to Child DoB Ethnic Origin
Respondent
Forename Family Name Relationship to Child DoB Ethnic Origin
Any Other Significant Persons
Forename Family Name Relationship to Child DoB Ethnic Origin
If there are no other significant people, this heading can be deleted.
Application before the Court:
If necessary, state which child the order relates to.
Filing Date for Report:
Date of Next/Final Hearing:
Date of Children & Family Reporter Appointment to Case:
Children & Family Reporter:
Qualifications:
Office Address: Telephone Number:
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Contents: A list of contents can be included if required by the length of the report.
Some issues could be covered under several headings in the report. It is at the discretion
of the practitioner to use the appropriate heading, depending on the circumstances of the
child.
1. MATTER BEFORE THE COURT
Nature of the proceedings.
Brief statement on issues agreed and disputed, if known.
Mention of previous reports completed in the case.
History of court proceedings if known.
2. BACKGROUND
2.1 Enquiries Undertaken
Interviews and dates, location if appropriate. Specify if face to face or telephone
contact, if anyone else was present, and location if appropriate.
Telephone calls.
Use of interpreters.
Dates and location of meetings with the child.
Interviews/observations of child, including within contact sessions.
Reasons if the child is not seen, or if not interviewed about their wishes and feelings.
Attendance at meetings with other professionals.
Documents read – state that the Children and Family Reporter has read all relevant
documents.
Any known statements, documents or reports that had not been received at the time of
writing the report.
Any other relevant enquiries, including checks made, and any other previous
involvement by other agencies (Social Services/Child Protection Register, Schools,
Health, Probation, Police).
Any significant people not interviewed and reasons why.
Use of genogram or family structure may be included or a cross-reference made to one
in another statement.
2.2 Child(ren)
Observations of child and relationship with each parent.
The child’s ethnic origin, religion, language and cultural background.
Any disabilities.
Any special needs.
Disabilities and special needs only need to be addressed if they are relevant to the
individual child (or party, under the next heading). There is no need to use negative
statements (i.e. “no special needs, no disabilities”) unless this is considered to be
relevant information to the court.
Information about the child’s home environment, schooling and health.
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Description of the family relationships.
How much does the child understand of the proceedings and of the Children and
Family Reporter’s role and involvement?
2.3 Parties
Description of the dispute (as it affects the child and of the steps taken during the
enquiry to help reduce and manage conflict/tensions).
Position of the parties (brief history of relationship and current circumstances).
Ethnic origin, religion, language and cultural background (unless these points are
already covered under the previous heading about the child(ren).
Any disabilities, health issues.
Any special needs.
Other relevant issues to bring to the court’s attention (such as domestic violence, child
abduction, disruption during contact, allegations of abuse, referrals to Social Services,
health, education, criminal conviction details, etc).
Summary of history of any Family Court proceedings, previous CAFCASS involvement
and any subsequent court developments, e.g. findings of fact.
Existing arrangements for residence and contact.
Views about and reason for the application.
Proposals and specific concerns/allegations with any evidence.
Use of assessment tools (e.g. parenting plan) if appropriate.
2.4 Any Other Relevant Information
(This heading could be removed from the report if none of the listed or any other relevant
issues are present)
Significant other people (describe involvement), e.g. new partners, grandparents, older
siblings, etc.
Other agency involvement.
Expert’s reports, including any disagreements between experts (can be included as
separate section if appropriate). Comments by the Children & Family Reporter on the
expert reports.
3. WELFARE CHECKLIST
Children Act 1989 S.1 (3)
(a) The ascertainable wishes and feelings of the child concerned (considered in
the light of his age and understanding): This should report what the child says
or expresses. Also add practitioner’s observations and interpretation where
appropriate to give clarity.
(b) The child’s physical, emotional and educational needs: Include any
information from school, health visitor, doctor, psychologist and/or any other
professional involved with the child.
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(c) The likely effect on the child of any change in the child’s circumstances:
Include change in any contact or residence arrangements, separation from birth
parents, geographical move, change of school etc.
(d) The child’s age, sex, background and any characteristics of the child which
the court considers relevant: Professional assessment of the needs of child in
relation to these and other relevant criteria as it affects potential arrangements.
Address the issues of diversity, e.g. disability, heritage, culture, religion and how
related needs are met.
(e) Any harm which the child has suffered or is at risk of suffering: Any
information from Social Services, NSPCC or any other agency, including schools,
which relates to harm or risk to the child. Include details of any action taken to
reduce risk. Consider the impact of domestic violence/abuse on the child and
assess any emotional abuse the child may suffer as a result of parental
conflict\behaviour.
(f) How capable each of the child’s parents and any other person in relation to
whom the court considers the question to be relevant is of meeting the
child’s needs: Assessment of each parent and any other relevant person in the
light of each party’s views and attitudes. Also address the attitude of the parties to
the child’s wishes and feelings. The Children & Family Reporter’s observations
and those of other professionals.
(g) Range of powers available to the court under this Act in the proceedings in
question: Advise if an order is necessary for the child’s best interests. State what
kind of order – consider contact order/arrangements and whether the child should
be made a party.
4. ASSESSMENT
Summary of assessments made on the basis of the Welfare Checklist and how each
party can best meet the child’s need;
Where relevant reference should be made to the acceptance or otherwise of expert
advice, with the reasons for departing from any expert recommendation clearly
explained; and
Assessment of whether parties can manage their own arrangements.
Consider the impact of any issues arising from Human Rights legislation.
5. RECOMMENDATION
State the options for the court;
State order(s), if any, recommended for the child;
If an order is recommended, state the form the order should take. This should cover
current applications for orders and any orders not being applied for which the
Children’s Guardian considers to be in the child’s best interests;
Identify any necessary further work involved, e.g. reviews by the court, further
CAFCASS involvement or not;
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Where a Family Assistance Order is recommended, refer to the relevant “exceptional
circumstances”, agreement of parties, proposed work to be carried out and to the
persons to be named in the order; and
Identify if it is in the interests of the child that the court considers making a direction
under section 91 (14) of the Children Act i.e. an order prohibiting any further
applications in respect of the child without leave of the court.
……………………………………
(Author’s Name)
Children & Family Reporter
(Date)
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CAFCASS/OPS/Procedures & Report Templates/DRAFT v.2 Draft issued: 17.09.2003
CAFCASS
Putting children and young people first
Section 31 (Children Act 1989) Care
Proceedings Report
(With guidance included in italics in bullet points)
[Specify any other orders being applied for]
If the case involves several applications, the name of the lead application (e.g. Section
31) should be used as a title. The other applications (e.g. Section 34) can then be listed
below the title.
Court:
Court Case Number:
Confidentiality
This report has been prepared for the court and should be treated as confidential. Subject to rules of
court it must not be shown nor its contents revealed to any person other than a party or a legal adviser
to such a party. Such legal adviser may make use of the report in connection with an application for
public funding (legal aid).
Concerns
Significant factual errors (not matters disputed by the parties) in this report should be referred to the
report writer or their manager. Concerns about other aspects of the report (for example, the extent of the
enquiries, the opinions expressed in it or matters disputed by the parties) must be addressed in court.
The Children’s Guardian will attend court hearings unless the court orders otherwise.
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CAFCASS/OPS/Procedures & Report Templates/DRAFT v.2 Draft issued: 17.09.2003
CHILD(REN) SUBJECT TO THE APPLICATION
Forename Family Name Gender DoB Age Ethnic Origin
Use the categories on the Diversity Monitoring Form here. A more detailed description
of the child(ren)’s and parties’ ethnic origin and cultural background can then be given
in the report under the headings “Children” and “Parties”.
Living With (name and relationship to the child):
If there are several children and they are not all living together, please specify which
children are living with whom. Indicate if the child or children are living with a parent or
with other carers. Consider whether or not the circumstances of the application
indicate that the addresses of children or other parties should be omitted from
the report. This is of particular importance where adoption may be the outcome
of the care plan.
Current Legal Status of the Child(ren):
PARTIES TO THE PROCEEDINGS
Parents or Others with Parental Responsibility:
Forename Family Name Relationship to Child DoB Ethnic Origin
Local Authority:
Any Other Significant Persons:
Forename Family Name Relationship to Child DoB Ethnic Origin
If there are no other significant people, this heading can be deleted.
Application before the Court:
If necessary, state which child the order relates to.
Filing Date for Report:
Date of Next/Final Hearing:
Date of Children’s Guardian Appointment to Case:
Children’s Guardian:
Qualifications:
Office Address: Telephone Number:
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Contents: A list of contents can be included if required by the length of the report.
Some issues could be covered under several headings in the report. It is at the discretion
of the practitioner to use the appropriate heading, depending on the circumstances of the
child.
1. MATTER BEFORE THE COURT
Nature of the proceedings, e.g. Care Order.
Brief statement on issues agreed and disputed, if known.
History of any court proceedings.
Mention of previous reports completed in the case.
2. BACKGROUND
2.1 Enquiries Undertaken
Interviews and dates, location if appropriate. Specify if in person or telephone
contact, if anyone else was present, and location if appropriate.
Telephone calls.
Use of interpreters.
Dates and location of meetings with the child.
Interviews/observations of child, including within contact sessions.
Reasons if the child is not seen or not interviewed about their wishes and feeling.
Attendance at meetings with other professionals.
Documents read – state that the Children’s Guardian has read all documents as
outlined in the paginated checklist at the front of the court bundle.
Known statements, documents or reports that had not been received at the time of
writing the report.
Other relevant enquiries, including checks made, and any other previous involvement
by other agencies (Social Services/Child Protection Register, Schools, Health,
Probation, Police).
Significant people not interviewed and reasons why.
Use of genogram or family structure may be included or a cross-reference made to
one in another statement.
It is not necessary to include a chronology as this should be provided within the
report from the local authority. There may be occasions when it is necessary to
highlight particular and significant events.
2.2 Child(ren)
Observations of child(ren) and relationships with each parent.
Ethnic origin, religion, language and cultural background.
Any disabilities.
Any special needs.
Disabilities and special needs only need to be addressed if they are relevant to the
individual child (or party, under the next heading). There is no need to use negative
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statements (i.e. “no special needs, no disabilities”) unless this is considered to be
relevant information to the court.
Information about the child’s family situation, schooling and health.
Description of the family relationships.
How much does the child understand of the proceedings and the Children’s
Guardian’s role and involvement?
2.3 Parties
2.3.1 Parents or Others with Parental Responsibility
Description of the significant issues (as it affects the child and of the steps taken
during the enquiry to help reduce and manage conflict/tension).
Position of the parties (brief history of relationship and current circumstances).
Ethnic origin, religion, language and cultural background.
Any disabilities, health issues.
Any special needs.
Future plans and wishes for the child.
Views about the court process and local authority involvement.
Summary of history of any previous Family Court proceedings, CAFCASS
involvement and subsequent court developments, e.g. finding of facts.
Summary of events leading to this application (significant events, new parties or other
relevant persons).
Other relevant issues to bring to the court’s attention (such as domestic violence,
child abduction, disruption during contact, allegations of abuse, referrals to Social
Services/Health/Education, criminal conviction details, etc).
Existing arrangements for residence and contact.
2.3.2 Local Authority
Critical appraisal of local authority practice in relation to the child(ren) which should
include:
Overall history of local authority involvement, including events leading to local
authority referral, timing of intervention, reviews, registration on Child Protection
Register, etc.
A list social workers previously involved.
Services provided.
Resource issues, including allocation of social workers.
Key decisions and processes applied.
Appropriateness of placement and planning.
Contact issues and how these have been addressed.
Communication with other agencies and joint working.
An assessment of whether the local authority has met its statutory duties to the
child(ren), including child protection.
An assessment of the viability of the care plan and whether it meets the needs of
each individual child.
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2.4 Other Relevant Information
(This heading could be removed from the report if none of the listed or any other relevant
issues are present)
Significant other people (describe involvement), e.g. new partners, grandparents,
older siblings, etc.
Other agency involvement.
Expert reports, including any disagreements between experts. Comments by the
Children’s Guardian on the expert reports.
3. WELFARE CHECKLIST
Children Act 1989 S.1 (3)
(a) The ascertainable wishes and feelings of the child concerned (considered in the
light of his age and understanding): This should report what the child says or
expresses. Also add Children’s Guardian’s observations and interpretation where
appropriate to give clarity.
(b) The child’s physical, emotional and educational needs: Include any information
from school, health visitor, doctor, psychologist and/or any other professional involved
with the child.
(c) The likely effect on the child of any change in the child’s circumstances: Include
change in any contact or residence arrangements, separation from birth parents,
geographical move, change of school, etc.
(d) The child’s age, sex, background and any characteristics of the child which the
court considers relevant: Professional assessment of needs of child in relation to
these and other relevant criteria as it affects potential arrangements. Address the
issues of diversity, e.g. disability, heritage, culture, religion and how related needs are
met.
(e) Any harm which the child has suffered or is at risk of suffering: Information from
Social Services, NSPCC or any other agency, including schools, which relates to harm
or risk to the child. Include details of any action taken to reduce risk and the relevant
history and facts to support the threshold criteria.
(f) How capable each of the child’s parents and any other person in relation to
whom the court considers the question to be relevant is of meeting the child’s
needs: Assessment of each parent and any other relevant person in the light of each
party’s views and attitudes. Also address the attitude of the parties to the child’s wishes
and feelings. The Children’s Guardian’s observations and those of other professionals.
(g) Range of powers available to the court under this Act in the proceedings in
question: Advise if an order is necessary for the child’s best interests. If an order is
recommended, state what kind of order. Consider Contact Order and/or contact
arrangements, and whether the child should be made a party to the proceedings.
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4. ASSESSMENT
Summary of assessments made on the basis of the Welfare Checklist and how
each party can best meet the child’s needs.
Where relevant, reference should be made to the acceptance or otherwise of expert
advice, with any reasons for departing from any expert recommendation clearly
explained.
Consider the impact of any issues arising from Human Rights legislation.
5. RECOMMENDATION
State the options for the court.
State order(s), if any, recommended for the child.
If an order is recommended, state the form the order should take. This should cover
current applications for orders and any orders not being applied for which the
Children’s Guardian considers to be in the child’s best interests.
……………………………………
(Author’s Name)
Children’s Guardian
(Date)
Review Completion Date: TBC Page 18 of 18
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