1 Introduction
1. The Children and Family Court Advisory and Support
Service, generally known by its acronym, CAFCASS, was formally
established on 1 April 2001. It is a non-departmental public body
accountable, at the time our inquiry started, to the Lord Chancellor.
Following the machinery of government changes announced by the
Prime Minister on 13 June,[1]
responsibility for CAFCASS will now transfer to the Department
for Education and Skills, under the Minister for Children. The
organisation's role is to provide a service to the Courts in family
proceedings. In the words of CAFCASS itself, "CAFCASS exists
to ensure children and young people are put first in family proceedings;
that their voices are properly heard; that the decisions made
about them by courts are in their best interests; and that they
and their families are supported throughout the process."[2]
Our inquiry
2. Our decision to inquire into the work of CAFCASS
followed widespread concern about the organisation's performance.
That concern has been apparent ever since the inception of the
service in April 2001. Negotiations preceding the establishment
of the new service led to a dispute with the self-employed guardians
who, at that time, undertook the vast majority of the work on
the public law side in most parts of the country.[3]
As a result, many left the service, and the consequent lack of
staff resulted in increasing delays in the allocation of guardians
to cases in public law.[4]
The problems were compounded by allegations of mismanagement at
senior levels within CAFCASS which culminated in the suspension
and eventual dismissal of the Chief Executive.[5]
Despite the assurance of the Lord Chancellor, in evidence to the
Home Affairs Committee in October 2001, that he was "very
much on the case",[6]
the impression continued to grow of a service in crisis. The importance
of the work which CAFCASS undertakes—safeguarding the proper
protection of some of the most vulnerable children in our society—led
us to announce shortly after our own establishment an inquiry
into the work of the organisation.
3. The importance of the work of CAFCASS, and the
widespread nature of the concern over its performance, were reflected
in the large number of submissions which we received. Nearly 80
individuals and organisations sent us written memoranda. We heard
oral evidence from 12 of these, in addition to CAFCASS itself
and the responsible Minister. A number of us also undertook visits
to CAFCASS offices in our local areas.
4. We are grateful to all of those who submitted
evidence, both written and oral, and to those who arranged and
participated in the visits we undertook to local offices. We also
express our thanks to our specialist advisers, Professor Judith
Masson of the University of Warwick and Professor Adrian James
of the University of Bradford, for their help and guidance throughout
this inquiry.
Acknowledging
the devotion of CAFCASS practitioners
5. Before we set out our findings in relation to
the work of CAFCASS, we wish to acknowledge the skill
and devotion of staff throughout the organisation and their commitment
to the children they serve. CAFCASS officer is
a vital profession, and those who choose to take it up deserve
every encouragement as well as recognition for the work they do.
Throughout its difficult early period, CAFCASS has continued to
be staffed by people who have worked very hard to achieve the
best outcomes they could for the children for whom they are
responsible. The criticisms we make of
the way CAFCASS's difficulties have been handled should not detract
from that fact.
Submissions
from non-resident parents and those concerned about domestic violence
6. We also wish to respond to the submissions we
have received relating to CAFCASS officers' practice in cases
involving disputes over children's contact with non-resident parents,
and where domestic violence has been an issue. The concerns which
have been raised by these groups and individuals are many and
varied. These issues have not been the focus of our inquiry, and
we have not carried out any detailed investigations in connection
with them. The most that we can say is that much more research
needs to be done in this area, and we make recommendations below
about how CAFCASS should address this need.[7]
Without such research, we cannot comment on the quality of work
done in individual cases.
1 Number 10 press notice 13/06/2003, Reform of
children's services: Margaret Hodge appointed Minister of State
for Children Back
2
CAFCASS Corporate Plan 2003/06, p 7 Back
3
See paras 36-42 below Back
4
See paras 60-67 below Back
5
See paras 43-46 below Back
6
Home Affairs Committee, Minutes of Evidence: The Rt Hon Lord
Irvine of Lairg QC, and Sir Hayden Phillips KCB, The Work of the
Lord Chancellor's Department, HC (2001-02) 269, Q 114 Back
7
Para 166 Back
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