The Children and Family Court Advisory and Support Service (CAFCASS) is an independent organisation that advises the family courts in England. CAFCASS represents the perspectives of children in any child care or family court proceedings , protects their rights and aims to ensure that any decisions are made in the child's best interests. This is important, as making decisions for a child that protect their welfare and uphold their interests is a legal requirement. The Children Act 1989 states that the child's welfare must be the court's paramount consideration in any decision about their upbringing, above any other considerations.

To ensure every decision is made with this in mind, the court uses a framework that is sometimes called the CAFCASS welfare checklist. The welfare checklist includes seven important criteria relating to the child's circumstances that should be assessed, including the child's needs, their wishes (if they are old enough to express them), the impact of any changes and the capability of their parents to provide for them.

The family court uses this checklist in a range of legal proceedings to make sure it looks at every aspect of a child's life before making a decision. This includes in child care proceedings launched by social services or a local authority, or when making child arrangements during a divorce or separation.

In this guide, the expert child care solicitors at Switalskis explain the CAFCASS welfare checklist, how it’s used in legal proceedings, what it means for you and your child and how you can make sure that any important decisions are made by the court with your child in mind.

The seven points of the welfare checklist explained

The welfare checklist provides a structured way for CAFCASS officers and judges to assess a child's situation. While it is called a checklist, each point must be carefully considered in relation to your family’s personal circumstances before the court can reach a decision and this is not always straightforward.

1. The ascertainable wishes and feelings of the child concerned

A CAFCASS officer will often speak directly with your child to understand their wishes and feelings about their situation, although the weight given to a child’s wishes and feelings will depend on their age and level of understanding. As a child gets older and more mature, their views are given more weight, but this will not wholly dictate the court's decision, especially if they are unaware of particular risks or their personal feelings could put them in an unsafe situation.

The court’s job is to balance the child's views with all the other factors in the welfare checklist to make a final decision that serves their best interests. While CAFCASS may ask which of the child's parents they would prefer to live with, this is only one factor that will influence the court's decision.

2. The child's physical, emotional and educational needs

The court needs to assess all of the child's practical needs and the ability of each parent to meet them. This includes:

• A safe and stable home, healthy food, and appropriate clothing. The court will consider each parent's respective accommodation and ability to provide for these basic needs.
• Love, security and consistent emotional support. The court will look at the child’s attachment to each parent and how each parent can meet the child’s emotional needs.
• Access to appropriate schooling, support with homework and opportunities for learning and development.

CAFCASS officers will assess each parent's ability to provide for the child's emotional and physical needs, both in the short term and the long term. When determining which parent a child will live with, CAFCASS must be satisfied that the resident parent can meet all of these requirements.

3. The child's age, sex, background and any other relevant characteristics

Every child is unique and the court must consider the child as an individual. Factors the court considers relevant include their cultural and religious background, and the child's age, given that the needs of a toddler are very different from the needs of a teenager. Alongside these factors, there are other characteristics relating to the child's personality, disabilities or specific talents that should be accounted for. This approach ensures any arrangements made are tailored to the specific child concerned and fully account for their best interests.

4. How capable each parent is of meeting the child's needs

CAFCASS should assess each parent’s ability to care for the child based on the determination of the child's needs in the previous steps. Officers will look at each parent’s capacity to provide for all the child's needs, from practical day-to-day care to emotional support.

This also includes looking at each parent’s insight into the child’s needs and feelings, and each parent's willingness to support the child’s relationship with the other parent. A parent who is seen to be undermining the child's bond with the other parent may be considered less capable of meeting the child’s emotional needs, unless there are serious concerns about safety. This factor considers parental responsibility in its widest sense.

5. The likely effect of any change in circumstances

Children benefit from routine and stability, so the court will carefully consider how any proposed changes could affect the child. The court's decision could result in a change in the child's living arrangements, moving to a new school or disruption to their social environment. The welfare checklist means the court must think about the impact of disruption on the child and to favour arrangements that provide consistency and predictability in the child's life unless exceptional circumstances prevent this.

6. Any harm the child has suffered or is at risk of suffering

The court’s duty to protect the child is central to the welfare checklist. If there are any allegations that a child has suffered or is at risk of suffering harm, these will be investigated thoroughly. Harm is defined as ill-treatment or the impairment of health or development, and can include physical, emotional or sexual abuse and neglect.

The court will also examine harm if a child has witnessed domestic abuse, even if they were not the direct victim. Allegations of domestic abuse are taken extremely seriously and if safeguarding concerns are raised, the court may order a fact-finding hearing to examine the allegations before making a final decision on child arrangements. CAFCASS officers have a duty to investigate any potential risk of harm.

7. The range of powers available to the court

This final point on the welfare checklist reminds the court to consider all the legal options it has under the Children Act 1989. The court can make various orders to protect and promote a child’s welfare. The most common is a Child Arrangements Order, which sets out where a child will live and with whom they will spend time. The court will choose the order that is most appropriate for the child's individual circumstances.

How does CAFCASS use the welfare checklist in practice?

When CAFCASS is asked by the family court to get involved in disputes between parents, a specially trained CAFCASS officer (also known as a family court adviser) will be assigned to the case. Their job is to assess your family’s circumstances and advise the court on what they believe is best for the child. This CAFCASS officer's investigation is guided from start to finish by the welfare checklist.

The process usually involves:

• Safeguarding checks, where CAFCASS checks with the police and local authority to see if they have any records of concerns relating to the child or parents.
• Speaking with parents to understand their proposals, their views on the child's wishes and feelings, and any concerns they have.
• Speaking with the child (if they are old enough) to ascertain their wishes and feelings.

With permission, CAFCASS officers may speak to other professionals involved in the child's life, such as teachers or health visitors. The information they gather is compiled into a formal report for the court, often called a welfare report, which details the officer’s findings and makes recommendations based on the welfare checklist.

A home visit is a common part of a CAFCASS assessment, where officers will assess whether the home environment is a safe, stable and suitable place for a child to live, and make observations on the following:

• Parent-child interactions: How do you and your child interact? Do you have a positive and healthy relationship?
• The child's experience: Does the child seem happy, comfortable, and secure in their home?
• Your understanding of your child's needs: Do you understand and prioritise your child's physical and emotional wellbeing?

The best approach is to be open and honest. The visit is an opportunity for you to show the CAFCASS officer your parenting skills and your ability to meet your child's needs.

If there are allegations of domestic abuse, the welfare checklist becomes even more critical. CAFCASS officers are trained to examine allegations and identify and assess the impact of domestic abuse. Their report will advise the court on the level of risk and recommend any protective measures needed to ensure the child is safe. This could affect where a child lives and whether contact with one parent needs to be supervised.

How Switalskis can help

Navigating family proceedings and dealing with CAFCASS can be a stressful and confusing experience. The welfare checklist is a complex framework, and the outcome of the court's decision will have a lasting impact on your child's life. At Switalskis, our expert family law solicitors understand how important it can be to implement child arrangements that protect your child's welfare, and we can support you to achieve the best possible outcome.

With an approach that prioritises empathy at every step, we can help you to understand the court process, prepare for your interactions with CAFCASS, and ensure your position is presented clearly and effectively to the court. We will champion your rights and work tirelessly to achieve the best possible outcome for you and your child.

If you are facing a dispute over child arrangements, contact us today for trusted, expert advice. Call Switalskis on 0800 1380 458 or get in touch via that form on this page.