Family Law
Cafcass and Section 7 Reports
What Cafcass does in a children case, how a section 7 welfare report is prepared, and what you can do if you disagree with its recommendations.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Cafcass, the Children and Family Court Advisory and Support Service, advises the family court in England on the welfare of children in private law cases. In Wales, the equivalent service is Cafcass Cymru. When a C100 application is issued, Cafcass usually carries out safeguarding checks before the first hearing, including checks with the police and the local authority and short telephone interviews with each parent.
The results are set out in a safeguarding letter sent to the court before the First Hearing Dispute Resolution Appointment (FHDRA). It identifies any safeguarding concerns and may recommend next steps, such as further assessment or a fact-finding hearing. Some court areas now run a different model under the Pathfinder pilot, so the early stages can vary depending on where your case is heard.
If the issues cannot be resolved early, the court may order a welfare report under section 7 of the Children Act 1989. A section 7 report is usually prepared by a Cafcass Family Court Adviser, or by a local authority social worker where children's services are already involved with the family. The author speaks to each parent, often speaks to the children depending on their age, and may contact schools or other professionals.
The report addresses the welfare checklist in section 1(3) of the Children Act 1989 and normally makes recommendations. The judge is not bound to follow them, but a recommendation carries real weight, and departing from it requires reasons. That is why responding to the report properly, and testing it at the hearing where necessary, is one of the most important stages of a children case.
What Cafcass Report Barristers Do
Court Advocacy
Your Barrister can represent you at:
- FHDRA hearings
- Dispute Resolution Appointments
- Fact-finding hearings
- Final hearings
- Questioning the report author
- Hearings on further assessments
Advice on the Report
Expert guidance on:
- Preparing for your Cafcass interview
- Reading the safeguarding letter
- Strengths and weaknesses of the report
- Whether to accept the recommendations
- Factual errors to correct
- Requesting an addendum report
Document Drafting
Barristers can draft:
- Statements responding to the report
- Position statements
- Questions for the report author
- Skeleton arguments
- Draft child arrangements orders
- Applications for directions
Your Barrister drafts these documents. You file them at court and serve them on the other party.
What You Handle
With Direct Access:
- Attending Cafcass interviews
- Supplying information the author requests
- Filing statements by the court deadline
- Serving documents on the other parent
- Keeping records of arrangements
- Preparing the bundle where directed
How Direct Access Works
- 1
Safeguarding Checks
After the C100 is issued, Cafcass carries out police and local authority checks and speaks to each parent by telephone, then sends a safeguarding letter to the court.
- 2
FHDRA
At the first hearing, the court considers the safeguarding letter, explores agreement and decides whether a section 7 report, fact-finding hearing or other steps are needed.
- 3
The Section 7 Enquiries
The Family Court Adviser or social worker interviews the parents, may see the children and contacts other professionals. The court sets the date the report must be filed.
- 4
Reviewing the Report
Once the report is filed, your Barrister reviews it with you, identifies errors and weaknesses, and advises whether to accept the recommendations or challenge them.
- 5
Responding in Writing
If the court allows it, you file a statement setting out your response. Your Barrister may also ask the court to direct the author to attend the final hearing.
- 6
Dispute Resolution and Final Hearing
At the DRA the court considers whether agreement can be reached on the basis of the report. If not, your Barrister questions the author and presents your case at the final hearing.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What is the difference between a safeguarding letter and a section 7 report?
The safeguarding letter is a short early document based on police and local authority checks and brief telephone interviews. A section 7 report is a fuller welfare assessment ordered by the court later on, involving interviews with the parents and often the children, and it makes recommendations about the arrangements.
Who writes a section 7 report?
Usually a Cafcass Family Court Adviser in England or a Cafcass Cymru adviser in Wales. If a local authority is already involved with the family, the court may ask a social worker from children's services to prepare the report instead.
Does the judge have to follow the recommendations?
No. The decision belongs to the judge, applying the welfare checklist. A judge who departs from a professional recommendation must explain why, so recommendations are influential, but they can be challenged with evidence and questioning.
What can I do if I disagree with the report?
Start by separating factual errors from disagreements about the analysis. Factual errors can be raised promptly in writing. Disagreements about the recommendations are usually dealt with by filing a statement, if permitted, and by asking for the author to attend the final hearing so they can be questioned.
Can I question the Cafcass officer in court?
Yes, if the author attends the hearing. They do not automatically attend, so the court needs to direct attendance, usually at the DRA. Effective questioning focuses on the evidence the author relied on, what they did not consider, and whether the recommendation follows from their own findings.
How should I prepare for the Cafcass interview?
Be child focused, factual and calm. Explain your concerns with specific examples, acknowledge the other parent's role where you can, and propose practical arrangements. A Barrister can talk you through the issues likely to be raised before the interview takes place.
Will Cafcass speak to my children?
Often, depending on their age and understanding. The adviser may meet the children to understand their wishes and feelings, which the court must consider in light of their age and understanding under the welfare checklist. Wishes and feelings are one factor and do not decide the case on their own.
Disagree With a Cafcass Report?
A specialist children law Barrister can review the report, advise on your response and question the author at the hearing.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.