CAFCASS New Domestic Abuse Practice Policy

On 9th October 2024, the Children and Family Court Advisory and Support Service (CAFCASS) introduced a new domestic abuse practice policy. The policy applies to all Family Court Advisors (FCAs) and Children’s Guardians. The policy is focused on enhancing the safety and well-being of the children and families within the family court system. It provides FCAs with guidance to follow when dealing with cases where allegations of domestic abuse have been raised.

The policy demonstrates the use of a wider definition of domestic abuse. Domestic abuse is recognised beyond physical abuse and CAFCASS place emphasis on the significant impact of coercive and controlling behaviour, emotional abuse and financial abuse.

The policy provides FCAs with a new approach to ensure that professionals assess domestic abuse as a whole and consider the multiple ways in which abusive behaviours impact children and family dynamics.

In addition, the new guidance has introduced more rigorous assessment tools which FCA’s are required to adopt when making recommendations to the court. The policy highlights the importance of recognising that children are not just passive witnesses to domestic abuse but are directly impacted by it. Children’s voices need to be heard throughout proceedings and recommendations made by FCAs need to take in to account lived experiences.

FCAs are also required to listen to primary carers when dealing with babies, young children, or those with additional needs. It is important to note that FCAs are asked to consider the impact upon the parent victim and their safety if they come into contact with the accused parent.

As a starting point when making recommendations to the court, FCA’s are asked to consider the risk of harm to the child, the need for a finding of fact hearing and Practice Direction 12J. Where a finding of fact hearing has already been listed, there should be a recommendation for no direct contact with the accused parent.

The real impact of the policy has not yet been assessed, however, it is clear that there is an upheaval for CAFCASS to become more risk-averse when it comes to domestic abuse. Hopefully, this new policy will not be exploited by those who seek to prevent the other parent from having contact.

Domestic Violence and Abuse Solicitors

Forbes’ dedicated team of expert domestic violence solicitors have extensive experience in supporting clients through complex domestic violence cases. If you are a victim of domestic violence, we are here to help you secure the protection you need and guide you through the legal process. Our specialists are committed to providing compassionate, professional assistance to uphold your safety and rights. To learn more about how our domestic violence solicitors can assist you, please reach out using the contact details below.