What the Safeguarding Letter Is
Before the first hearing in child arrangements proceedings, CAFCASS contacts both parties by telephone and checks police and social services records. The safeguarding letter summarises this information and sets out CAFCASS's initial analysis of any safeguarding concerns.
The safeguarding letter is not a full welfare report. It is an initial safeguarding check designed to ensure the court is aware of any immediate risks to the child before the first hearing.
What It Contains
The letter will include: a summary of the CAFCASS officer's calls with each party, the results of police and social services record checks, any safeguarding concerns identified, and the officer's initial recommendation on whether the case can proceed safely to mediation at the FHDRA.
The record checks are important. If either party has a police record for domestic abuse, violence, or child-related matters, or has had involvement with children's services, this will appear in the letter and be before the judge at the first hearing.
How the Judge Uses It
The judge reads the safeguarding letter before the FHDRA begins. It frames the judge's initial understanding of the case. A letter that identifies significant safeguarding concerns will lead the judge to approach the hearing with caution.
The letter is not determinative. The judge considers it alongside everything else in the case. But its content will shape the approach to the first hearing and potentially to the rest of the proceedings.
If the Letter Contains Errors
Safeguarding letters sometimes contain errors -- dates wrong, accounts inaccurate, or allegations included that you say are false. If the letter contains factual errors, you can write to CAFCASS before the hearing to correct them and ask for the letter to be amended.
At the first hearing, you can also draw the judge's attention to specific errors in the letter. Keep your response factual and brief.
If Allegations Are Made Against You
If the other party has made allegations against you that are recorded in the safeguarding letter, prepare a measured and specific response. Address each specific concern raised with factual information.
If the allegations relate to domestic abuse, the court will consider whether a fact-finding hearing is necessary. Engaging constructively with this process -- rather than refusing to participate -- is almost always the better approach.
After the Safeguarding Letter
In more complex cases the court may direct a full welfare report under section 7 of the Children Act 1989. This is a much more detailed investigation by CAFCASS into the welfare of the child.
In cases where the safeguarding letter identifies no significant concerns, the court will often encourage the parties to reach an agreement at the FHDRA. A consent order made at the first hearing, ending proceedings early, is in almost every case the best outcome for the child.