Judge says proceed without Cafcass report

A JUDGE asked five sets of North Devon parents going through family court proceedings to find a solution without a full Cafcass report because of problems facing the organisation.

The Journal has revealed how cases at the North Devon Family Proceedings Court are suffering lengthy delays and how parents are waiting months before custody matters are resolved.

Cafcass is a Government funded service which acts as a guardian to children and prepares vital welfare reports for the family courts. It has seen a huge increase in work after the Baby Peter case.

There is now an 18-week adjournment at North Devon Family Proceedings Court whenever a full welfare report from Cafcass is required.

A report in the Journal last week revealed the most senior judge of the family division has issued a practice direction because of the Cafcass situation.

Local district judges now have a discretion on how to proceed with various cases.

If they can dispense with a full Cafcass report they will do so.

Judge Paul Waterworth told a hearing in North Devon Family Proceedings Court last Thursday that Cafcass has a backlog of nearly 300 cases in the North Devon area.

Judge Waterworth directed five sets of parents at this hearing to work around a full Cafcass welfare report.

In each case the parents have been waiting several months for a Cafcass report and it has not yet been produced.

The parents were asked if their situation had changed and if they could agree an arrangement themselves or if the court could now make a decision not relying on the full report.

Judge Waterworth told the Journal after the hearing: "It is very disappointing that Cafcass has not been able, for reasons which I quite understand, to give the help it intended to provide.

"It is particularly distressing as cases involve young and needy children and they are having to wait so long before any progress can be made.

"There are many instances when the court needs the help of Cafcass, particularly in establishing what children have to say.

"Cafcass is uniquely qualified to give this information.

"It is dispiriting to think that for many months there will be parents who are not receiving from Cafcass the service that they expected.

"People don't stand still, however, and things change.

"It may be that the parents are now able to find solutions themselves or the issues have been resolved and the court can now decide without the help of Cafcass."

Peter Mitchell, head of service for Cafcass in the South West, said: "In all divorce and separation cases we always try to help families reach a safe and workable agreement that is in the best interests of their children prior to, or at, court, without recourse to a full welfare report.

"Research shows that ongoing family conflict is damaging to children and that it is much better for them if parents can reach a safe agreement without going through the courts process.

"Those cases that were heard in Barnstaple court last week had previously been referred for a full welfare report.

"However, in order to provide a more timely service these cases were referred back to court with the full agreement of local judges to see whether more creative and solution-focussed intervention by Cafcass with the families would help secure children a quicker resolution.

"This included providing mediation to help families move forward and reach a safe agreement.

"A Cafcass worker was also present to orally report to the court on any outstanding issues or safety concerns and to recommend, where appropriate and where our checks indicated it was safe to do so, shorter Cafcass reports on specific issues such as the wishes and feelings of children involved.

"These reports will be returned to court by Cafcass within four to six weeks rather than the standard 12 weeks for a full welfare report.

"In contrast to what has been suggested, this constitutes an improvement in our service and is a new way of working, agreed to and fully supported by our partners in the judiciary, to help us to provide a more timely service to children and families at a time of unprecedented demand."

A letter from Cafcass responding to the Journal's recent articles is on page 39.

For previous stories regarding Cafcass visit www.thisisnorthdevon.co.uk.