In this blog, we explain what Child and Family Assessments are, what they involve, and what your rights are.

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.

If a local authority believes a child is at risk of suffering significant harm, it may decide to issue care proceedings for the child concerned. These are legal proceedings that aim to protect the child from any harm or likelihood of harm, and potential outcomes include a supervision order (where a social worker will help your family to make the necessary changes) and a care order (where the local authority takes responsibility for the child).

A care order does not remove the parent’s parental responsibility, but gives the local authority shared responsibility in making important decisions for the child. 

This article explains Section 20 of the Children Act 1989, which allows local authorities to provide accommodation for children in need through a voluntary agreement with those holding parental responsibility.

Our child care law team explore what parental responsibility is and who is automatically entitled to it. They also look at what happens if you have to share parental responsibility with social services.

A ‘child arrangements order’ (CAO) is an order made by the Family Courts of England & Wales setting out where a child lives, who they have contact with and how that contact is to take place.

This article explains the typical timeline for child care proceedings, including the 26-week legal target and reasons why some cases take longer. It covers key factors that may cause delays, such as international elements, specialist assessments, and parental progress. Switalskis expert family and child care team offers legal support to help families navigate the process.