Following the Government announcement made on Monday 4th January, Cafcass has amended its guidance for staff on direct contact with children and families, working in the office and attendance at court.

In recognition of the changing circumstances surrounding COVID-19 arising from the new variant and the increased risk of transmission and the current Government national lockdown restrictions which have been put in place, Cafcass guidance to staff on seeing children has been revised and published on their website. The updated guidance outlines the arrangements that are currently being made for Family Court Advisers to see children and families, work in Cafcass offices and attend court. 

In the previous guidance updated and issued in November, the expectation and therefore guidance was that an in-person meeting with children would have taken place at least once during the course of proceedings. However, this is not a realistic expectation in the current context and Government restrictions. Cafcass have therefore updated their guidance to clarify that for the expected period of restrictions (i.e. until 15^th February but subject to review) a Family Court Adviser should only see children and families in-person if the meeting is considered essential and it can be undertaken safely for both our staff and for the children and family with whom they are working. The decision remains that of the Family Court Adviser and should be written contemporaneously onto the casefile, explained clearly to the family and communicated to the court in all subsequent reports. The risk assessment they make will clearly show the weighing and balancing of judgement in respect of the need to see a child in-person versus the risk we present to them by in-person work and vice versa. The result is likely to be that in most cases the children and families will be seen remotely.

It should remain a matter of discussion between the Family Court Adviser and the court on the most effective way that the Family Court Adviser can participate i.e. by attending the hearing remotely or physically,  with an agreement reached in advance of a hearing. Appropriate arrangements will be made if the court orders for the Family Court Adviser to attend in person, we recognise that due to the needs of some children Cafcass is working with it may be required that a hearing takes place in-person.

Finally, Cafcass offices are Covid-secure and remain open for in-person visits (if required) and for other work purposes (if required), government guidance on social distancing must be followed when using this space.

We hope this won't cause any further delay which may prevent the making of arrangements that meet children’s welfare needs. 

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