Both CAFCASS and social services are designed to ensure the safety and best interests of children, but there can be some confusion over what each one is. In this article, we examine what each service does, helping you understand the distinction between the two.
The difference between CAFCASS and social services
The fundamental difference between social services and CAFCASS is that the latter helps children and young people through any legal court proceedings, providing support to the family courts. Social services is a governmental organisation designed to protect the welfare of vulnerable adults and children, irrespective of any court proceedings. Recently rated as outstanding, by Ofsted, CAFCASS is an independent service from social services and operates according to Family Court Rules.
What do social services do?
Every local council in the UK has a social services department, although its organisation can be arranged differently from place to place. Their fundamental role is to protect and ensure the safety and welfare of young people, children and adults who are vulnerable, irrespective of any court case. For children, the service is now referred to as ‘children’s services’.
What does CAFCASS do?
CAFCASS stands for ‘The Children and Family Court Advisory and Support Service’ When family courts proceedings are taking place, CAFCASS officers act as a representative for children and their interests and aim to give them a voice. For example, if there are proceedings in the family courts to decide where a child should live, CAFCASS will advise the courts on what is safest for the children, taking into account their wishes and needs.
If you are going through a divorce with children involved
In cases where you are able to reach an agreement with your former partner regarding your children, you will not need to involve the courts. If your case does go to court, then CAFCASS will get involved from the beginning as a standard part of procedure.
One of their first tasks is to provide a safeguarding report to the courts based on the preliminary checks they have made to see if there are any safety concerns for the children, if the family involved is already known to social services and if there are any criminal records. This will highlight to the courts any safeguarding concerns.
Where there are no concerns, an officer from CAFCASS could get involved in supporting both parties to reach an agreement in the initial stages. In other cases, for example, if there is considerable conflict following the breakdown of your relationship, the court may stipulate the need for CAFCASS to undertake further assessments, including speaking to the children and parents. From here, they will provide recommendations on a child’s living arrangements.
Supporting your children through a divorce
Divorce can feel shocking and upsetting, but there are some ways in which you can support your child through the divorce process. Firstly, it’s important to remind them that they are still loved by both their parents, to listen to and answer the questions they have, and to let them be angry or upset and express their feelings freely. It’s also important to appreciate the age of your child. Young children can regress to bedwetting, for example, and teenagers can often have anger outbursts or stop communicating with you for a while. Understand that these reactions are normal and they will need some time to adjust.
Conclusion
The prospect of organisations becoming involved in your divorce case can feel worrisome but it’s helpful to know what to expect. When it comes to your own specific circumstances, it’s advisable to seek the advice of an experienced family lawyer.
