Putting children and young people first in the family courts

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Cafcass' report to the court: work to first hearing

 

When the court receives an application, they will refer the case to us and set a date for the ‘first hearing’ (sometimes referred to as FHDRA - this stands for 'the First Hearing and Dispute Resolution Appointment').

Before the first hearing, we will usually do the following:

 

  • Carry out checks with the police and local authority to find out whether there are any known safety or welfare risks to your children.

  • Phone you and the other party to find out if either of you have any concerns about the safety and welfare of your children.

 

Before the first hearing we will provide the court with a short report on the outcomes of the safeguarding checks and any phone interviews with you and the other party, this is known as a safeguarding letter.  

 

Safeguarding checks

 

Cafcass will undertake safeguarding checks on the adult parties with the local authority and the police. We ask the relevant local authority whether either of the adult parties, or any subject children, are known to them.

We will also check whether any caution or conviction information is held on the Police National Computer about the adult parties.

 

Telephone interview


The purpose of the telephone interview is to establish if there are any concerns about your child's safety or wellbeing.

You are unlikely to have a home visit before the first hearing.

Only people who are parties to the case will be interviewed. If one of the parties wants to submit a statement from a third person, then they can do so and it becomes part of their case. 

 

Safeguarding letter

 

The safeguarding letter is used in private law cases to inform the court, at the first hearing, of all relevant information that Cafcass has obtained. This will include the outcome of the safeguarding checks, and information provided by the parties during the risk screening telephone calls. 

 

How long does a safeguarding letter take

 

Cafcass is expected to file the safeguarding letter with the court at least three days before the first court hearing.

 

Update to safeguarding letter (Addendum report)

 

The court may ask Cafcass to provide an update to a safeguarding letter if information comes to light after the filing of the first letter, or after the first hearing.

The court will agree proportionate timescales for an update to be made. However, as a matter of good practice, Cafcass will aim to file any report at least three days before any hearing where safeguarding information is required by the court.

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