‘Analysis and Recommendations’ guidance notes FINAL 20.08.07

Guidance for Cafcass practitioners in providing information to the court

What are these templates?

  1. In the trial pack there are 3 templates (initial, interim and final), a verbal checklist for First Appointment in public law, and these guidance notes
  2. These are trial templates for review in the New Year, ready for full implementation from April 2008.
  3. The templates are to be used across private and public law. We will review this as part of the trial.
  4. The trial is for all teams working in Public Law Outline Initiative areasand, in private law, for any team working in line with the new Cafcass ‘Early Intervention’ model, where you do not already have a format for reporting to court.
  5. A new Quality Assurance tool is being developed to use with these documents – which will be reviewed as part of the trial.

What are the main features?

  1. Cafcass will provide information to the court from the earliest stages of a case. In the early stages, it is unlikely that you will have a full overview. Aim to provide an initial analysis of what is ‘safe and sensible’ for the child/ren, recognising that your analysis will change and develop in situations where you are involved for a longer period. For public law cases where the First Appointment is within days of your appointment, you may prefer to provide the information verbally and only write the Initial Analysis for the Case Management Conference. We have produced a ‘verbal information’ checklist for this situation.
  2. These are not ‘stand-alone’ documents. They should avoid repeating any information from a previous Analysis. Only include information, which is both new and relevant. The aim is for the court to receive your analysis as it develops through the life of the case.
  3. The Analysis should not repeat information held elsewhere, for example within an expert’s report. Use cross-references, so that your analysis contributes to the full picture rather than re-painting it.
  4. The templates are child-centred, emphasizing what information means for the child. The templates prioritise: the child’s timetable; the child’s views, including providing information from direct work with the child; and the child’s right to find out what has happened at each stage of the court process. There will be occasions when it is not possible to see the child before the First Appointment: always explain these reasons for the court.
  5. The aim is for much shorter documents. For example, one court has asked if these can be limited in length to 2 pages. We will review the need for tighter guidance around length, following this trial.
  6. The court wants Cafcass to focus on relevant analysis not description; to emphasize ‘sorting’ not ‘reporting’; and to be brief and specific in style not discursive. All easy to say but less easy to achieve in the complexities of family cases. This trial period seeks to identify what formats most assist practitioners in the task.

What fits under each heading?

  1. Below are some detailed points relating to separate sections. We will review this guidance following the trial period.
  2. Where necessary, you are able to add or remove headings, for example, where you can integrate relevant diversity information into your analysis. Again, we will review the section headings following the trial period.
  3. Some judges from PLO initiative areas have helpfully suggested questions that need to be addressed at successive stages of a care case, as the proceedings narrow down towards final resolution. A ‘funnel’ model, based on these ideas, is provided as an attachment to this guidance.
  4. Your Analysis needs to be analytical not descriptive: confine description to support the main points of the analysis.

Local Authority details / In Initial Analysis, provide name of applicant authority and any other authorities who may be involved – explain how.
Sources of Information / A brief summary of work done so far, including work with the child/ren.
In Interim and Final documents: provide outline (or cross-refer to this information elsewhere) of relevant events since the last Analysis document, including new sources of information; experts report/s; parties statements.
Diversity information / In the Initial Analysis, explain the meaning for the child of relevant information.
In the interim and final documents, only update your analysis if there is new and relevant information.
Risk issues & safety planning / In Initial Analysis: report the work that has been done in screening and risk identification (Cafcass Safeguarding Framework Section 2). Does the child and/or adult family members face any imminent risk factors?
Highlight the need for any immediate protective measures.
In the interim and final documents: only update this if there is new and relevant information, for example from the child’s own ‘impact’ report (available soon).
Analysis of key issues / To provide relevant information based on the key factors set out below. For contested final hearings, you will need to provide a fuller document, covering each aspect of the welfare checklist.
These factors are taken from the Welfare Checklist and the five outcomes from Every Child Matters. In the interim and final documents, diversity and risk issues should be included here, as relevant. This analysis should link with the Cafcass case plan.
(For public law cases, the attached ‘funnel’ model works through these issues in terms of the questions for the court at each stage)
Key Factors:
-The practitioner’s analysis of the child’s needs, wishes & feelings.
-Child’s development (include relevant identity and attachment information as well as information about any special needs)
- Family abilities and vulnerabilities, including in public law any viability/kinship assessment, which is needed or remains in your view incomplete.
-Parental relationship (where are they, on the continuum from conflict to co-parenting, including capacity to change.)
-Work of other agencies
- in public law, include an appraisal of the LA work in the case and the interim or final care plan, including the plans for contact;
- in private law, consideration of possible mediation referral; contact service etc.
-Options available to the court to meet the desired outcomes
-Likely effect of change upon the child/ren
Parties’ position on key issues / There should only be a brief précis of parties’ positions in order to support the Cafcass analysis. Your analysis needs to identify those areas (or cross-refer to this information elsewhere) where there is agreement or disagreement between the parties, or between yourself and the parties. Why are you disagreeing? Have all measures to seek safe resolution been tried? In public law, this includes issues relating to the Local Authority care plan.
The child/ren’s views / This section presents the child/ren’s own analysis: their wishes; their feelings; analysis of their support needs; of the key factors (above); of the court process; of their own participation in the process; of their desired outcomes; and any other relevant information.
Where you disagree with the child, this needs to be highlighted and explained.
Identify the need for separate representation / party status where relevant.
Where work has been done separately with the child, this should be attached, for example:
-the ‘My Needs Wishes & Feelings’ template
-the child ‘impact’ report (available soon)
-the court life record tool (available soon)
Where the child has special needs, report on the steps taken to facilitate effective engagement.
The child should ‘come alive’ through this section.
Informing the child / Inform the court what plans have been made with the adult parties in the case (including the LA in public law), to ensure that the child is informed of the outcome from the current court hearing. Including this information both emphasizes its importance, and enables the court to make a formal direction if necessary.
Recommend-ations at the Initial stage: / In the Initial Analysis you will have views about what would be the most useful next steps rather than reaching a final recommendation. Where you feel the issues are clear-cut at this early stage, you should express these from your neutral and independent perspective.
In public law, consider the questions that need to be addressed (see ‘funnel’ model attached.) Always balance the desire for all possible expert evidence with the child’s need to avoid delay.
In private law, consider 5 possible outcomes:
- have you identified a welfare need that requires further Cafcass intervention? If not, recommend no further action by Cafcass alongside any possible ideas about other agencies, which may assist e.g. mediation.
- Are there safeguarding issues, which Cafcass has referred to the local authority? If so, what would the Cafcass role be in any further work with the child or family?
- Is there a need for the court to refer to the local authority via an order for a S7 or S37 report?
- Is there a need for the court to have further information before moving forward e.g. a finding of fact hearing; an adjournment to test out an interim agreement; provision of medical information?
- Is there a need for further Cafcass involvement – e.g. family assistance order; r9.5 appointment; S7 report; family group conference; contact activity (when available as a provision.) If so, outline your plan for this work.

Some Additional Information


Cafcass Analysis & Intervention Model (from Safeguarding Framework)

The Children Act 1989: Statutory Welfare Checklist

Under Section 1(3) of the Children Act 1989 the court must have regard in particular to:

  1. the ascertainable wishes and feelings of the child concerned (considered in the light of [the child’s] age and understanding)
  2. [the child’s] physical, emotional and educational needs
  3. [the child’s] likely effect of any change in his circumstances
  4. [the child’s] age, sex, background and any characteristics of his which the court considers relevant
  5. any harm which [the child] has suffered or is at risk of suffering
  6. how capable each of [the child’s] parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting [the child’s] needs
  7. the range of powers available to the court under this Act in the proceedings in question

Every ChildMatters Five Outcomes

The ECM green paper (2003) identified the five outcomes that are most important to children and young people. The five outcomes are universal ambitions for every child and young person, whatever their background or circumstances

  • Be healthy
  • Stay safe
  • Enjoy and achieve
  • Make a positive contribution
  • Achieve economic well-being
The Child’s Context – set out by Cafcass Children’s Rights

United Nations Convention on the Rights of the Child

(signed by the UK in 1990)

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

‘Funnel’ Model

representing the narrowing of the issues through sets of questions for the Children’s Guardian to consider at each stage of the Public Law Outline

(with thanks to the judiciary in the PLO initiative areas for the original idea)

First Appointment

  • Pre-proceedings checklist – are there gaps e.g. viability / kinship assessments?
  • Have any immediate concerns about safety or care of the children been acted upon?
  • Has the LA established a clear picture of the individual child’s needs, wishes and feelings (in non-emergency cases)?
  • Have the parent/s and any other parties been served notice of proceedings? Have they had access to legal advice? Have any special needs of the parents been addressed?
  • Relevant diversity issues e.g. Is there a need for interpreter or other assistance?
  • Should anyone else be made a party, due to their involvement at this stage?
  • Which key issues are clear and which remain to be addressed? How do you think they can best be addressed?
  • Is there a need for expert assessment on any specific issue, taking the child’s timetable and case complexity into account?
  • Are the proceedings in the appropriate forum?
  • What timetable, for the court, would be appropriate in best meeting the child’s individual timetable?
  • Is ‘fast-tracking’ necessary and possible?
  • Are any interim orders required?

Case Management Conference

  • What are the critical issues in the case remaining to be assessed, determined or resolved?
  • At this stage, what is happening for the child/ren?
  • What are their views, needs, wishes and feelings about e.g. schooling, placement, or other relevant welfare checklist issues?
  • What are the safe and positive options for their future care or contact e.g. safe reunification programme; kinship care?
  • What further assessments, including expert assessments, are outstanding?
  • What are the child’s needs in the court process in the context of the child’s individual timetable?
  • Has the LA started any necessary parallel / concurrent planning?

Issues Resolution Hearing

  • Has all the evidence been filed in accordance with the previous order?
  • Is any other evidence required and/or any other further reports and/or any other expert evidence?
  • In the context of the evidence filed, what are the critical issues to be determined?
  • In the context of the evidence filed, what is the optimum care plan for the child?
  • What is happening for the child/ren? Have their views, needs, wishes and feelings changed? Has the child/ren’s timetable changed?
  • Any relevant issues from the welfare checklist?
  • Are there outstanding issues with the LA care plan (if any) with which the CG does not agree?
  • If the C.G. is not in agreement with the parents’ position why?

Final Hearing

  • Any remaining relevant issues from the welfare checklist?
  • Analysis of parties’ positions
  • Are there any outstanding issues with the care plan?
  • Have other issues been identified by the court that remain to be addressed?
  • What are the child’s views, needs, wishes and feelings at this stage, for the short and long term?
  • Final recommendation.