The new Cafcass Domestic Abuse policy – an article by Selina Bungsraz
12 May 2025In October 2024, Cafcass circulated and published a new domestic abuse policy document outlining how Cafcass practitioners (Family Court Advisers and Guardians) are expected to approach Children Act cases involving allegations of domestic abuse.
The policy advocated quite a rigorous approach to these cases with strict language as to what practitioners “must” or “must never” do. In particular, the policy set out various “starting points” these being recommendations that practitioners should be making to courts and families about contact/residence in prescribed situations, such as when sexual abuse was alleged. Cafcass officers were only allowed to depart from starting points if this was supported by “a compelling rationale”, discussed with a manager and recorded on the child’s case record contemporaneously.
For lawyers regularly representing parents in proceedings, particularly those facing allegations of domestic abuse, the policy was in some ways problematic. The starting points were somewhat tricky because PD12J sets out the balancing act that courts must grapple with when considering contact orders. The factors are fact-sensitive (including consideration of the welfare checklist) and the rules do not have starting points. The Cafcass policy, on the other hand, was prescriptive in certain situations e.g. such as when a resident parent alleging abuse was staying in a refuge, the “starting point” was effectively that there should be no contact. This differs from the legal principle in the Children Act 1989 that there is a starting presumption that contact is in the child’s best interests. The Cafcass policy was not law, but if followed it could have had a profound effect on cases involving domestic abuse allegations. Even when one is representing a parent who is making allegations of abuse, we want the final decision to be sound and based on sound, balanced recommendations which were reached independently by the Cafcass officer rather than due to an internal policy to minimise the risk of appeals.
A few months later, Cafcass amended the policy in January 2025. Some of the changes are significant. The starting points are all gone. For instance, there is no longer a starting point that a fact-finding must follow when sexual offending is reported and that interim contact must cease pending findings, or requirement to submit a s16A risk assessment and referral to Children’s Services whenever sexual/violent acts are described (seemingly regardless of the date of them). Instead, the new policy focuses more on assessing risk on the facts of the case. Whilst the policy still highlights steps that should be taken in certain situations, those steps are far less prescriptive and generally involve Cafcass officers carefully assessing harm or the risk of harm which is hardly a change. The policy seems to “give back” to Cafcass officers the generous discretion they previously possessed in coming to their views. Whilst there is still provision that when a resident parent is staying in a refuge, the recommendation should be that interim contact is suspended pending a risk assessment, there is no longer a starting point that Cafcass officers must not support any contact and instead the policy says they should clearly set out the risks of directing contact.
In addition, the tone and substance of the document overall is more balanced and diplomatic particularly the foreword. The independence of Cafcass officers is re-iterated.
Whilst on the one hand it remains to be seen whether the changes are a matter of style over substance, there are obvious changes in the document that are welcomed.
Please contact Selina Bungsraz or the clerking team if you require specialist advice or assistance on this topic.
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