CAFCASS Safeguarding Letter

Understanding the CAFCASS Safeguarding Letter (For litigants in person – no legal training needed)

1. What is the safeguarding letter?

Before the first hearing in a family case (the First Hearing Dispute Resolution Appointment or FHDRA), the court asks CAFCASS (the Children and Family Court Advisory and Support Service) to do a quick safety check. CAFCASS prepares a short safeguarding letter that tells the judge whether there are any immediate worries about a child’s safety or welfare that the court should know about right away.

2. When does it arrive?

- The letter is usually sent a few days before the FHDRA. - You (and the other party, if there is one) will receive a copy at the same time the court does. - If you haven’t seen it by the day before the hearing, you can ask the court clerk or your CAFCASS officer for a copy.

3. What checks does CAFCASS carry out?

To keep the check simple and fast, CAFCASS looks at two main sources of information: - Check — What CAFCASS looks for — Why it matters - Police records — Any recent criminal convictions, cautions, or ongoing investigations involving either parent (or anyone living in the household) that could affect a child’s safety. — Helps the court see if there are known risks of violence, abuse, or neglect. - Social services (local authority) records — Whether the family is already known to children’s services, if there are any open child protection plans, or if there have been recent concerns raised about the child’s welfare. — Shows if professionals are already working with the family on safety issues. CAFCASS does not do a full investigation at this stage – it’s a quick “red‑flag” check to give the judge a heads‑up.

4. What does the letter typically contain?

The safeguarding letter is brief, usually just a page or two. You’ll see sections like:

1. Case details – names of the children, parents, and the court date.

2. Summary of checks – a short statement saying what police and social‑service records were checked (e.g., “Police checks revealed no relevant convictions; social‑services records show no open child‑protection concerns”).

3. Any identified concerns – if something showed up, CAFCASS will note it plainly (e.g., “Police record shows a recent conviction for assault”).

4. Recommendation for the court – usually a sentence like: “No immediate safeguarding concerns identified; the case can proceed to the FHDRA.” If there are concerns, they may suggest the judge consider a temporary order or ask for a full CAFCASS report later.

5. Contact information – the name and phone number of the CAFCASS officer who prepared the letter, in case you have questions.

If the letter says “no safeguarding concerns identified”, that simply means the quick check didn’t turn up anything that needs urgent attention at this stage.

5. How to engage positively with any concerns it raises

- Situation — What you can do (in a calm, constructive way) - The letter mentions a police or social‑service record you weren’t aware of — • Ask the CAFCASS officer (or the court clerk) for a copy of the exact record they looked at, if you need clarification. • If you believe the information is incorrect or outdated, you can tell the judge at the FHDRA that you’d like to clarify the facts. - The letter raises a new worry (e.g., a recent allegation) — • Stay calm and listen to what the officer says. • Offer to provide any relevant information that shows the child’s safety is being looked after (e.g., school attendance records, medical appointments, character references). • Remember: the judge will want to hear both sides before making any decision. - You feel the letter is unfair or incomplete — • You can ask the judge at the FHDRA for a short opportunity to explain your side. • If you need more time to gather evidence, you can request that the court adjourn (postpone) the hearing for a brief period so you can prepare. - You want to show you’re taking the child’s welfare seriously — • Bring any documents that demonstrate a stable, safe home (e.g., tenancy agreement, utility bills, proof of income, school reports). • Be ready to talk calmly about the child’s routine, health, and any support you have (family, friends, community groups). Key tips for a positive interaction - Speak clearly and respectfully – address the judge as “Sir/Madam” or “Your Honour”. - Stick to facts – avoid emotive language or accusations; focus on what you can show. - Listen – let the CAFCASS officer or judge finish speaking before you respond. - Ask for clarification if you don’t understand something; it’s perfectly fine to say, “Could you explain what that means, please?” - Take notes during the hearing so you can remember what was said and any actions you need to take.

6. A quick reminder

This explanation is meant to help you understand the general process of the CAFCASS safeguarding letter. It is not legal advice tailored to your personal circumstances. Family law can be complex, and the best way to protect your interests—and your child’s welfare—is to speak with a qualified solicitor or a legal advice service (such as Citizens Advice, Law Centre, or a family law solicitor) who can look at the specifics of your case. You’ve got this—take one step at a time, stay calm, and keep the child’s wellbeing at the heart of what you say and do. Wishing you a clear and constructive hearing. Please seek professional legal advice for your specific situation.