A Section 7 report is a report which is sometimes ordered by the Family Court when an application is made by a Parent for a Child Arrangements Order or a Specific Issue Order.
Why are Court proceedings necessary ?
If one parent has welfare concerns in respect of the other’s ability to care for the children, or is unhappy with the proposed child arrangements, it can be tricky to raise this with the other parent and communicate effectively to resolve the issue and ensure the child / children are safeguarded and their best interests promoted.
If matters cannot be amicably resolved between the parties then Court proceedings can become necessary so that one or both of the parties can obtain a Child Arrangements Order, a Specific Issue Order or sometimes a Prohibited Steps Order.
Court proceedings can be initiated without permission of the Court for any person or body with parental responsibility for the child, usually either the Mother or the Father, but this can include Social Services or a Grandparent, for example.
Upon issue of any court application, an independent body called CAFCASS then become involved.
Who are CAFCASS ?
CAFCASS (Children and Family Court Advisory and Support Service) is an independent body which works with families and makes recommendations to the Court. CAFCASS’ aim is to help the parties reach agreements in respect of the children. CAFCASS are also independent advisors of the Court who provide guidance as to what is safe for the children (by carrying out safeguarding assessments), and what is in their best interests.
CAFCASS carry out a crucial role.
How is a referral to CAFCASS made?
An application must be made to the Court in respect of the issues concerning the child. This is done on a C100 form. Sometimes allegations of harm are alleged by one or both of the parties and these are documented on a C1A form.
The Court will issue the application and usually serve a copy of this, and Notice of Hearing, upon the Respondent Parent.
The Court will then send a copy of the documents to CAFCASS.
Where an application is made for a Child Arrangements Order, before the FHDRA (the first hearing dispute resolution hearing, which for all non-urgent matters is the first hearing in private children proceedings) CAFCASS must identify any safety issues and advise the court of possible risks of harm to the children.
They will contact local authorities, carry out police checks on the parties, contact the parties, and conduct interviews to clarify any safety issues. These are drawn up into a Safeguarding Letter which the Court will consider at the FHDRA.
A CAFCASS Officer will usually attend the FHDRA.
At the FHDRA, the Court will identify and attempt to narrow the issues between the parties. In respect of the remaining issues, the CAFCASS Officer will provide advice to the Court as to their recommendations to resolve these issues.
The Court will review the contents of the safeguarding letter and determine whether the case requires further involvement by CAFCASS.
If there are welfare issues, the Court can order CAFCASS to prepare a report in accordance with section 7 of the Children Act 1989 (a Section 7 Report). These are usually ordered in the following types of cases:
- Where disputes arise as to who the children should live with/spend time with/have contact with (child arrangements order applications/specific issue applications or prohibited steps applications).
- If there are issues concerning the child’s wishes
- If there are risks to the children (exposure to violence/harm, alcohol or drug abuse etc)
- Where any further information or advice is required by the Court before a decision can be reached (e.g. where intervention is required by social services)
A great deal of the contents of the report will depend on the specifics of what the Court has directed CAFCASS to look into and investigate.
The CAFCASS Officer will speak with the children (if they are old enough), often at a neutral location such as their school; as well as other family members, teachers and any other relevant third party. They will speak with the parties in more detail to identify their concerns.
Once they have completed their enquiries, they will document these within the report and provide the Court with advice as to what they feel should happen in line with the child / children`s best interests, needs and ascertainable wishes and feelings of the children (if the children are old enough), in accordance with the Welfare Checklist.
CAFCASS are encouraged, when preparing a section 7 report, to make recommendations for short-, medium- and long-term phasing of child arrangements, to ensure the children are safeguarded and their welfare prioritised. This doesn`t always happen.
When determining children matters, the court takes into account the below key factors :
- the ascertainable wishes and feeling of the child concerned (considered in the light of the child’s age and understanding);
- the child’s physical, emotional and educational needs;
- the likely effect on the child of any change in his/her circumstances;
- the child’s age, sex, background, and any other characteristic which the court considers relevant;
- any harm which the child has suffered or is at risk of suffering;
- how capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
- the range of powers available to the court under the Children Act in the proceedings in question.
The initial safeguarding letter is often prepared by an employee of Cafcass operating from one of the central call centres. This employee may not be a qualified Social Worker but will have been fully trained in the necessary procedures in order to prepare the safeguarding letter.
Any Section 7 report will be prepared by a fully qualified Social Worker and the adviser at Court will also be a fully qualified Social Worker.
In the event of any typing errors, or inaccuracies such as spelling of names or wrong dates of birth, it is important that CAFCASS are made aware of the same as soon as possible after receiving the report. If we are acting for you we shall do this.
If there are other concerns within the report, it is important that these are communicated to the Court at the FHDRA to ensure these are considered by the Judge / Magistrates when a decision is made as to whether the recommendations within the section 7 report should be followed.
There are some instances where the contents of the section 7 report can be challenged. It may be the case the Court direct the parties to file written statements identifying the concerns they have with the section 7 report.
The writer of the report can be ordered to attend Court and be cross-examined as to the contents of the same at any final hearing.
A Dispute Resolution Appointment (the second hearing in child arrangements matters) is listed by the Court, where the report and CAFCASS’ recommendation are considered in more depth, and further efforts are made by the Court to narrow the issues between the parties.
The writer of the Section 7 report sometimes attends the hearing, where directed to do so by the Court, but generally the Cafcass author only attend any final hearing.
It may be the case that, at the DRA, the matter is resolved entirely. In the event no agreement is reached as to the areas in dispute, the matter is listed for a final hearing.
At the final hearing, the Court will make a decision as to how child arrangements should proceed in light of the evidence of the parties, other experts and CAFCASS’ recommendations.
The court will then make a final order which setting out the arrangements for the child / children.
An application can be made to the Court for enforcement of the child arrangements order.
The Court will consider the allegations regarding non-compliance of the Order and assess whether a further hearing, or any further advise from CAFCASS is necessary.
If the Court finds that there has been an unreasonable breach of the Court order, then there are wide range of powers which can include variation of the original child arrangements order, imprisonment, fines or even unpaid work (community service).
At Laker Legal Solicitors, we are well aware of the challenges that can arise in child arrangements matters and can assist you in achieving the best outcome for your child.
If you would like an appointment with one of our specialist children solicitors in Bath, Preston, Kendal, Lancaster, Maidstone or Kings Hill please get in touch by filling in our contact form, or by emailing us at info@lakerlegal.co.uk
