“The court has directed CAFCASS to prepare a section 7 report. What does that mean?”

Where the court has been asked to determine the arrangements for a child, it can direct CAFCASS (or the local authority in certain circumstances) to prepare a section 7 report. 

CAFCASS (Children and Family Court Advisory Support Service) represent the interests of children in family court cases in England and Wales.  CAFCASS are an independent body who advise the family court on a wide range of issues concerning children, including which parent a child should live, whether it is safe for the child to spend time with the other parent and even which school the child should attend if the parents cannot agree. 

The court will usually only direct a section 7 report where safeguarding concerns have been raised and further investigation is required to determine the welfare of the child. 

The section 7 report should set out the relevant background information and what the issues and concerns are. The report should state what enquiries have been made, of whom and to what extent.  The author of the section 7 report will speak to both child’s parents and, depending on the age of the child, the child himself.  Consideration should also be given to the ‘welfare checklist’, which includes the wishes and feelings of the child (where appropriate), the child’s physical, educational and emotional needs and whether the child has, or is at risk, of suffering harm.  The report will usually make final recommendations for the child. 

If you are not happy with the recommendation, you do not need to agree.  If you do not agree, the court will have to make a decision.  The court’s decision will be based on all of the evidence and what the court believes to be in the child’s best interests. The section 7 report and its recommendation will play an important role in the decision-making process.