11/08/2026
⚖️ A useful reminder about the role of CAFCASS in private children proceedings
A recent Family Court judgment has provided a strong reminder that a CAFCASS welfare assessment must follow the directions given by the court — particularly where allegations have been raised but no findings of fact have been made.
In A Father v A Mother, His Honour Judge Willans described the approach taken by the CAFCASS reporter as “entirely inappropriate”, after she had departed from a clear court direction that the welfare assessment should proceed on the basis that the court had made no findings against the father.
The court found that the reporter had introduced matters which had not been proved and had not been subject to a fact-finding hearing, and had effectively elevated her own assessment of disputed allegations over the position directed by the court.
The judgment is a useful reminder of an important distinction:
🔹 Allegations are not findings.
🔹 A welfare assessment should not determine disputed facts which are for the court to decide.
🔹 CAFCASS recommendations must be made within the framework and directions established by the court.
🔹 Where there has been no finding of fact, the court must remain alert to the risk of allegations being treated as established simply because they appear in an assessment or report.
This is particularly important in cases involving allegations of domestic abuse, where the court must carefully consider the evidence and the impact of allegations on the welfare assessment without inadvertently treating disputed matters as established facts.
For parents navigating private children proceedings, understanding the distinction between what has been alleged, what has been assessed, and what has actually been determined by the court can be extremely important.
📌 A Father v A Mother, His Honour Judge Willans.
