What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

The Role Of CAFCASS In Private Children Proceedings

The Children and Family Court Advisory and Support Service (CAFCASS) plays a crucial role in private law children proceedings within the family courts of England and Wales. Its primary duty is to promote the welfare and best interests of children who are the subject of disputes between parents or other family members, usually arising after separation or divorce.

What is CAFCASS?

CAFCASS is an independent public body and operates independently of the courts, social services, and other agencies. It works exclusively within the family court to provide advice to the court about what arrangements are in a child’s best interests.

CAFCASS’s Role in Private Law Cases

Private law children proceedings generally involve applications such as Child Arrangements Orders, Prohibited Steps Orders, or Specific Issue Orders (all in the C100 form). In these cases, CAFCASS officers are usually appointed to assist the court in safeguarding and assessing the needs of the child.

Key aspects of their role include:

Safeguarding Checks
Before the first court hearing CAFCASS undertakes safeguarding checks. This includes contacting the police and local authorities to identify any potential risks to the child, such as domestic abuse, neglect, or substance misuse.

Initial Telephone Interview
A CAFCASS officer may contact each parent to discuss the background of their relationship, their position and any issues or concerns regarding the child’s safety and welfare. A short safeguarding letter is then prepared for the court, summarising these findings and CAFCASS will make initial recommendations about what they believe should happen next.

Court Reports and Recommendations
If the judge requires a more detailed assessment, CAFCASS may be ordered to prepare a Section 7 report. This involves more in-depth work, including meeting with both parents, speaking with the child/ren (depending on their age and maturity), and gathering information from schools or other agencies. The report provides the court with more detailed recommendations about what arrangements will best meet the child’s welfare needs.

Voice of the Child
CAFCASS ensures that the child’s wishes and feelings are understood and appropriately represented in court proceedings. Their officers are trained to speak with children sensitively and to convey their views in a balanced and objective way.

Independence and Accountability

Although CAFCASS works closely with the courts, it remains independent, ensuring that its recommendations are based solely on the child’s welfare, not on the interests of either parent. The court is not bound to follow CAFCASS’s recommendations but gives them significant weight due to their professional expertise.

Conclusion

In summary, CAFCASS acts as the voice of the child within private law proceedings, ensuring that decisions made by the court are informed by thorough safeguarding checks, professional assessments, and the child’s own views (if old enough). Through this role, CAFCASS helps the family courts uphold the central principle of the Children Act 1989 — that the child’s welfare is the court’s paramount consideration.