Cafcass safeguarding checks are the automatic background screening carried out on every private law application for a child arrangements order in England and Wales. They combine a Police National Computer search, a check with local authority children’s services, and a structured phone call with each parent. The results are written up in a short document called the safeguarding letter, which Cafcass must file with the court within 17 working days of receiving the application and at least three working days before the first hearing.1Ministry of Justice. Practice Direction 12B – Child Arrangements Programme
What Triggers the Checks
The checks begin automatically when someone files a C100 application for a child arrangements order. You do not need to request them or make any allegation against the other parent. The court sends the application to Cafcass, and the process starts from there.
Because this is a standard screening step, both parents go through it, regardless of who applied. The applicant does not get a lighter version of the process, and the respondent does not have to do anything special to be included.
What Cafcass Actually Looks At
Practice Direction 12B requires Cafcass to carry out police checks and contact local authorities for all child arrangements applications.1Ministry of Justice. Practice Direction 12B – Child Arrangements Programme These are database searches, not investigations. Nobody visits your home or interviews your neighbours at this stage.
The police check searches the Police National Computer for criminal convictions, cautions, and any recorded history of domestic incident call-outs linked to either party. It covers both spent and unspent convictions, although recent changes mean some older offences that have become spent may no longer appear. The search also picks up ongoing investigations or bail conditions that could affect the child’s safety.
Separately, Cafcass contacts the relevant local authority children’s services department to find out whether the family has any history of social services involvement. That covers past or current child protection plans, referrals, and investigations into neglect or abuse. Between the two checks, Cafcass builds a factual snapshot of whether either parent has come to the attention of safeguarding agencies before.
The Safeguarding Phone Call
After the database searches, a Family Court Adviser (FCA) contacts each parent separately by telephone. This is not a casual chat. The call follows a structured format, and the officer is limited to discussing safety issues only. Practice Direction 12B is explicit that the FCA will not discuss the merits of your application, welfare arguments, or settlement prospects before the first hearing.1Ministry of Justice. Practice Direction 12B – Child Arrangements Programme If you start raising those topics, you will be told to save them for court.
The FCA will ask about domestic abuse, substance misuse, mental health concerns, and any other risks to the child. They are looking for specific detail and consistency rather than broad accusations. If you have concerns about the other parent’s behaviour, be ready to explain what happened, when, and how it affected the child. Vague statements like “they’re not a good parent” carry little weight. Concrete examples carry a lot.
Cafcass may send a welcome letter and questionnaire before the call. If you receive one, fill it out carefully. It helps the FCA focus the conversation and means less gets missed in a call that can feel short for the amount of ground it covers.
Cafcass Does Not Speak to the Child
One point that catches many parents off guard: Cafcass does not speak to or meet the child before the first hearing.1Ministry of Justice. Practice Direction 12B – Child Arrangements Programme The safeguarding process is entirely between the FCA and the adult parties. If a child contacts Cafcass directly, the officer will avoid discussing the case until at least the day of the hearing. Direct work with children only happens later, typically if the court orders a Section 7 report.
If You Refuse the Call
If you ignore or refuse the safeguarding call, the FCA will note in the letter that they were unable to speak with you. The checks still go ahead based on whatever database information exists, and the letter is filed regardless. Non-engagement does not stop the process. It just means the court hears only the other parent’s account. In practice, refusing to cooperate can weigh against you when the judge considers whether you are prioritising the child’s welfare, and courts have the power to direct you to engage.
What the Safeguarding Letter Says
The safeguarding letter is a short, structured document addressed to the court. It opens with the child’s current living arrangements, including where the child lives and what contact they have with the other parent. It then sets out the results of the police and local authority checks, followed by a summary of what each parent said during the phone interview. It closes with the FCA’s analysis: whether there are welfare concerns, whether any harm or risk of harm has been identified, and what the court should do next.2Cafcass. A Family Court Adviser Gives Safeguarding Advice to Court (The Safeguarding Letter)
If the FCA identifies a risk to the child’s safety, they must write a separate risk assessment explaining their concerns and proposed next steps, and they are required to refer those concerns to local authority children’s social care.2Cafcass. A Family Court Adviser Gives Safeguarding Advice to Court (The Safeguarding Letter) This is one of the few points where the safeguarding process can trigger action outside the court proceedings.
Where no risk assessment is needed, the letter recommends next steps. Those might include advising that Cafcass has no further role because the parents can now agree, recommending a Section 7 welfare report, suggesting the parents attend a Planning Together for Children course, or advising that the case be listed for a final hearing without further Cafcass involvement.2Cafcass. A Family Court Adviser Gives Safeguarding Advice to Court (The Safeguarding Letter)
Who Can See the Letter
You and the other party should receive a copy by verified email, unless sharing it would create a safety risk. Beyond that, the rules are strict. You cannot show it to family members, post it on social media, or hand it to your child’s school without the court’s permission. The general principle is that documents from family proceedings cannot be shared, and their contents cannot be described to others, unless the court rules or a specific order permit it. Breaching this restriction can amount to contempt of court, which carries a potential fine or imprisonment.3GOV.UK. Sharing Information Outside of Court in Family Proceedings If someone who is not a party to the proceedings is mentioned in the letter, they do not get a copy either, even if they are named.
Timeline and When Things Slip
The formal deadline is 17 working days from Cafcass receiving the application, with the letter filed at least three working days before the first hearing.1Ministry of Justice. Practice Direction 12B – Child Arrangements Programme
In practice, delays happen. A 2024 Ofsted inspection of Cafcass found that court backlogs, recruitment difficulties, and scheduling conflicts between courts and Cafcass all contribute to proceedings running longer than the rules anticipate.4Cafcass. Inspection of Cafcass (National Inspection Report 2024) Sometimes courts list hearings earlier than the Cafcass timeline allows, which forces Cafcass to ask for extensions and can result in hearing dates being moved. If your letter has not arrived three working days before the hearing and you have not been told about a postponement, contact your solicitor or the court office.
How the Letter Shapes the First Hearing
After the letter is filed, the case moves to the First Hearing Dispute Resolution Appointment, known as the FHDRA. This is the first time both parents appear before a judge or magistrates, and the safeguarding letter sets the agenda. The judge reads it beforehand and uses it to decide how the case should proceed.
If the letter reveals no significant concerns, the judge will often try to help the parents reach an agreement at the hearing itself, sometimes with the FCA’s assistance. Many cases settle at this stage when the safeguarding checks come back clean and the court is encouraging compromise.
If the letter flags risks, the hearing takes a different shape. The judge may make interim arrangements for the child’s contact while the case is investigated further. The court can also order specific next steps: a Section 7 welfare report, a fact-finding hearing to resolve disputed allegations, or a referral to services such as the Planning Together for Children programme.5Cafcass. Cafcass Launches Planning Together for Children on Behalf of the Ministry of Justice
If the Case Goes Beyond the First Hearing
Where the safeguarding stage cannot answer the questions the court needs answered, the judge can order a Section 7 report. This is a deeper welfare assessment under Section 7 of the Children Act 1989, and it goes well beyond what the safeguarding letter covers. Unlike the safeguarding stage, a Section 7 report involves direct work with the child. The allocated FCA speaks with the child about their wishes and feelings, observes younger children with each parent, interviews both parties in more depth, and may contact third parties like teachers or GPs.6Cafcass. The Court Asks an FCA to Write a Report if Your Case Goes Beyond First Hearing (Section 7 Reports) These reports typically take 12 to 16 weeks, and complex cases run longer.
Where the safeguarding letter surfaces disputed allegations of domestic abuse, the court may instead order a fact-finding hearing before making any welfare decision. Practice Direction 12J requires the court to determine the key facts in dispute before considering what arrangements are safe for the child.7Ministry of Justice. Practice Direction 12J – Child Arrangements and Contact Orders – Domestic Abuse and Harm The judge decides on the balance of probabilities whether the alleged abuse occurred, and those findings then shape every welfare decision that follows.
For most families, though, the safeguarding checks are the beginning and end of Cafcass involvement. The letter goes to court, the parents attend the FHDRA, and either an agreement is reached or the case is listed for a further hearing. Knowing what the checks cover, what they do not, and how to engage with the phone call is the best preparation you can do before the letter lands with the judge.