What does the new Cafcass Domestic Abuse Practice Policy mean for my family?

For more information on what a child arrangements order is please see Child arrangements orders in England and Wales

What is Cafcass?

The Children and Family Court Advisory and Support Service (Cafcass) looks after the interests of children involved in family proceedings. It is independent of the courts and social services.

What is the role of Cafcass?

Cafcass works under the rules of the Family Court and legislation to work with children and their families, and then advises the courts on what is considered to be in the best interests of individual children. You can find more information here  CAFCASS and private Children Act proceedings | Weightmans

Why do Cafcass have policies?

Cafcass’ policies are designed to support and strengthen the accountability of Family Court Advisers (FCAs), Children’s Guardians, and their managers in safeguarding children, supporting families, staff, and upholding the reputation of Cafcass. They do not supplant or negate the balanced professional judgement that is required in preparing advice for the family court. They do not stand alone as a set of rules and are applied in parallel with professional assessment and balancing of information about what is known and understood in respect of the safety, welfare and best interests of children.

What is the new Cafcass Domestic Abuse Practice Policy?

A link to the policy can be found here: Cafcass publishes new Domestic Abuse Practice Policy | Cafcass. It was published in October 2024 and further revised in January 2025.

What is the purpose of the new Cafcass Domestic Abuse Practice Policy?

This policy sets out what Cafcass must do when working with children or adults who have, or may have, experienced domestic abuse.

The policy considers the impact of domestic abuse and harmful parenting on a child and the child’s primary and protective carers. The protection of children from harm or further harm is the purpose of this policy.

What are the main summary points of the policy?

The policy contains 42 points that Cafcass must consider in their assessments. They are all very important, but the following are the main points your family may wish to be aware of:

• Cafcass must consider whether there is evidence that a child is or is likely to be a victim of domestic abuse
• a child will be classed as a ‘victim of domestic abuse’ if they see, hear or experience the effects of domestic abuse and are cared for by an adult who is the person being abused or the perpetrator of the abuse
• if a child is a victim of domestic abuse, the child’s experiences and wishes and feelings on what has happened will be clearly set in the assessment. The analysis must include any impact on the child’s carers should a court order be made for them to spend time with the other parent
• if there is a current risk of harm assessed, Cafcass will make a referral to social services and a risk assessment report could be made to the court setting out any urgent action required
• an analysis of what has happened will be undertaken and a deep dive on the specific events will be conducted with consideration of any further risk of harm
• Cafcass must provide a compelling rationale for recommending ‘time with’ or ‘live with’ arrangements with a parent when domestic abuse has been shared with Cafcass by the child or by the parents
• Cafcass must include any relevant cultural context and beliefs within their assessments
• if there are long running or repeat proceedings, Cafcass must take account of the history, patterns of behaviour, reports of domestic abuse, safeguarding checks including criminal/police involvement, previous court findings and judgments court proceedings and identify any gaps or themes including the reasons for proceedings in the first place
• a finding of fact hearing will not be required in every case where domestic abuse is raised as a concern *What is a fact finding hearing? | Weightmans
• consideration of a bar to future proceedings, (i.e. limiting the opportunity to make further court applications), under section 91(14) of the Children Act 1989 if the proceedings are being used to further the abuse of the adult or child
• the Cafcass officer is required to discuss the case with a supervisor to ensure how to consider complex cases and to safeguard children. They must also reflect on their own practice and use other policy and guidance available to Cafcass
• where a parent and child are currently in a refuge or confidential protective accommodation, Cafcass must set out the risks that exist to the court of directing any form of spending time arrangements that could compromise the confidentiality of the location
• there is no presumption of parental involvement in the life of a child when a parent has caused harm or there is a risk of harm or further harm to the child
• in considering recommendations for family time when the party has a conviction or has been sentenced in respect of an offence in relation to domestic abuse, (including coercive control Narcissism, abuse and coercive control | Weightmans), violence or a sexual offence, Cafcass must consider that the adult or adults concerned present a risk of significant harm to the child, connected children and the main carers. The advice to the court should clearly set out an analysis of the risk of harm to the child and how this affects the advice regarding contact and/or live with arrangements, including any action that should be taken to protect the child/ren and their main carer from harm or risk of further harm
• if a parent has a conviction for a sexual offence such as rape, the risk of harm to a child of contact with that parent is likely to be significant. The court are likely to only make an order for contact if satisfied:
  • that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before, during and after contact; and
  • that the parent with whom the child is living will not be subjected to further domestic abuse by the other parent
• where risks are identified at any stage of proceedings, consideration must be given to whether it is in the child’s interests and whether it is safe to continue any ‘direct time with’ arrangements that may already be in place, until the next hearing
• Cafcass must not recommend parental supervision of spending ‘time with’ arrangements by a parent who has said they have suffered domestic abuse by the other parent, even if that parent is offering to do this
• when assessing the reasons why a child does not want to see a parent following separation, especially when a parent says they are experiencing alienating behaviours, (see Parental alienation | Weightmans), Cafcass must first consider whether the cause of this refusal is because the child is a victim of domestic abuse and harmful parenting or if there are other reasons for the child not wanting to spend time with that parent
• when assessing adults who have been found to be domestically abusive, Cafcass must consider the life-long harm caused by domestic abuse to child and adult victims in their assessment before spending time arrangements can be considered and will need clear evidence that the perpetrator:
  • recognises the harm their behaviour has caused their victims
  • has taken responsibility for the harm they have caused
  • has taken action to sustain change in their attitude and to stop their harmful behaviour, which has been demonstrated over time, and
  • these changes have resulted in an assessment that the risk of them perpetrating that behaviour has been removed to the point of enabling a recommendation that family time is now in the child’s best interests.

Will this policy remain in place forever?

Cafcass constantly reviews their policies. Cafcass have said they will next review this policy again in July 2025.