Domestic abuse practice policy updates
In January 2025, the Children and Family Court Advisory and Support Service (Cafcass) published an updated version of their domestic abuse practice policy for Cafcass Family Court advisers and Children’s Guardians (Cafcass Practitioners) to follow in protecting child and adult victims of domestic abuse when they advise the Courts. A previous version was published in October 2024 which has been withdrawn.
The policy is made up of 42 points that Practitioners must consider in their assessments. The points are grouped into the following sections: domestic abuse practice policy; child safeguarding; investigation or conviction of domestic abuse offences, including sexual offences; practice direction 12J; findings of fact; and requirements derived from learning from practice and from victims of domestic abuse.
What is Cafcass?
Cafcass, or the Children and Family Court Advisory and Support Service, is a public body established by Section 11 of the Criminal Justice and Court Services Act 2000 to represent the interests of children and young people in family court. Cafcass independently advises the family court about what is safe and in the best interests of children, focusing on their needs, wishes and feelings. Cafcass looks to make sure that the voices of children and young people are heard in court.
It is important to note that Cafcass policies do not stand alone as a set of rules in Family Court proceedings. Rather, their policies set out what is expected as part of effective professional practice for the Practitioners themselves in preparing recommendations for family court proceedings. The advice of Cafcass in family court proceedings must be balanced by the court with the information about what is known and understood about the safety, welfare, and best interests of the child or children involved. The Court will consider the Practitioners advice carefully when making decisions.
How was this policy developed?
This policy comes in part as a response to the Harm Panel published in June 2020 by the Ministry of Justice. Cafcass received criticism in the panel which reported that they were concerned that the family justice system does not effectively protect victims because of its adversarial nature. The panel also raised worries about a culture of ‘contact at all costs,’ even when a child states that they do not want to spend time with a parent. The panel also reported that Cafcass Practitioners do not have sufficient resources and are not properly trained, and that advisers and guardians recommendations to the family court do not draw on the advice of other professionals working with families.
In response to the report from the Ministry of Justice, Cafcass developed a Domestic Abuse Practice Improvement Programme. One element of this programme was a new requirement that Practitioners undertake mandatory learning and development programme, which included guidance developed with specialist domestic abuse services and families with lived experience of domestic abuse. In addition to the learning and development programme, Cafcass introduced the domestic abuse practice policy which was informed by audit, family feedback, complaints and critical legal judgements.
What is the purpose of the policy?
The purpose of this updated policy is…
To set out the actions that Cafcass practitioners and managers must undertake when working with children and adults who have or may have experienced domestic abuse … The protection of children from harm or further harm is the central and fundamental purpose of this policy.
These updates are important for children, as child victims of domestic abuse – especially babies, young children, and children with additional needs – are at a greater risk of harm as they are not able to use words to describe their experiences. As such, practitioners must be clear about the harm or risk of harm and listen to their primary caregivers. Add in about PD12J meaning children are victims if it happens in the home.
Understanding the “Trauma Lens” in Family Law
Family law cases can be complex and emotionally charged, often involving deeply personal and distressing situations. For solicitors working in this field, understanding the psychological impacts on clients—particularly trauma—is crucial in navigating the intricacies of family law disputes.
In this article, Katrin White explains how adopting a trauma lens in family law practice is a powerful tool for solicitors navigating the UK Family Courts
What are the standout points from this policy?
There are 42 points in the policy, however the main takeaways or standout points are as follows:
- Practitioners must make clear in their assessments when there is evidence that a child is or is likely to be a victim of domestic abuse.
- The policy highlights to that, in accordance with the Domestic Abuse Act 2021, “a child is recognised as a victim of domestic abuse if they see, hear, or experience the effects of domestic abuse and are related to, or cared for by an adult with parental responsibility who is either the person being abused or the person perpetrating the abuse.”
- Practitioners must provide a clear, unequivocal, evidence-informed, and compelling rationale in their reports to court for recommending ‘time with’ or ‘live with’ arrangements with a parent when domestic abuse and harm has been shared with the Practitioner by the child or by one or both parents.
- When either parent has a conviction or has been sentenced to an offense related to domestic abuse, violence, or a sexual offence, practitioners must consider that the parents or parents present a risk of significant harm to the child, connected children, and the main carers. Specifically, the “starting point” should be that children do not spend time with a parent who is being investigated by the police for a sexual offence, has been convicted of such an offence or has served a prison sentence for violent or sexual offences.
- The same considerations must also be made when Cafcass safeguarding checks establish that there is an ongoing police investigation (including repeat investigations that have resulted in no further action) in respect of domestic violence (including coercive control), violence or sexual offending.
- In the case of long running proceedings, Cafcass must take into consideration previous history and patterns of behaviour, reports of or known domestic abuse, safeguarding checks, previous findings of fact, and criminal history.
- When assessing adults who have been found to be domestically abusive, practitionersmust consider the life-long harm caused by domestic abuse to child and adult victims in their assessment before spending time arrangements can be considered and will need clear evidence that the perpetrator:
- Recognises the harm their behaviour has caused their victims.
- Has taken responsibility for the harm they have caused.
- Has taken action to sustain change in their attitude and to stop their harmful behaviour, which has been demonstrated over time, and
- These changes have resulted in an assessment that the risk of them perpetrating that behaviour has been removed to the point of enabling a recommendation that family time is now in the child’s best interests. The presumption of parental involvement in the life of a child is not absolute. The presumption falls away when the parent has caused harm, there is a risk of harm, or a risk of further harm.
- Practitioners should avoid minimising the experience of adults liing with he impact of domestic abuse by using language such as ‘claims or alleges’ in their recording and reports to the court. Reports should instead use the language of ‘she/he said…’ or ‘she/he told me,’ and be clear that it was said by the parties in their own words.
- When assessing the reasons why a child does not want to see a parent following separation, especially when a parent says they are experiencing alienating behaviours, practitioners must first consider whether the cause of this refusal is because the child is a victim of domestic abuse and harmful parenting or if there are other reasons for the child not wanting to spend time with that parent.
- Where the resident parent and child are currently living in a refuge or other confidential, protective accommodation due to a report of domestic abuse by the other parent, practitioners must clearly set out the harm and risk of harm that exist to the court in directing any form of spending time arrangements that could compromise the confidentiality of the location and therefore safety of the parent and child. If the parent and child are living in the refuge for their own safety, then a risk of harm is established and if “time with” the other residential parent has not been suspended, the Practitioner should recommend a suspension of in timer “time with” arrangements whilst a full assessment is completed.
What does this mean for Child Arrangements Proceedings?
Whilst the policy does not provide a completely fresh approach by Cafcass Practitioners there is a subtle shift in addressing and managing reports of domestic abuse and the impact on child arrangements. It is important to note that the Court will carefully examine the recommendations of Cafcass when making decisions about children. Any recommendations may have a significant impact on the outcome of proceedings. Even though ultimately it is or the Court to determine the disputed facts. If you have experienced domestic abuse it is crucial that you report the same to the Cafcass Practitioners who should follow the new Domestic Abuse Practice Policy and if you are concerned about whether this is the case you consider obtaining legal advice at the earliest opportunity.
This article was written by Molly Hood.
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