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Dozens of children involved in family court cases are at risk of abuse because of “serious failings” in the £100 million-a-year advisory service set up to represent their views.
The first Ofsted inspection into the Children and Family Court Advisory and Support Service (Cafcass), which examined the East Midlands region, concluded the operation was “inadequate” and child safety was compromised on numerous occasions.
The report revealed that during last summer’s inspection, Ofsted officials had to intervene directly in seven separate cases to make sure that children being represented by Cafcass advisers were not at immediate risk of violence, neglect or sexual assault.
In a host of other cases where safeguarding was clearly an issue, inspectors found Cafcass advisers had not even checked with the relevant local authority that child protection teams were aware of the situation.
Ofsted has ordered an immediate and thorough audit of all teams in the area to make sure they understand how child protection works.
Cafcass was set up in 2001 by Tony Blair to make sure the wishes and views of children were properly represented in the family courts. Much of the work involves custody and access disputes when parents separate. Cafcass is also responsible for representing children when they are put into care or are up for adoption.
Within months of starting up, a huge backlog of cases built up, with some parents forced to wait for up to two years for Cafcass to file its report on the children involved.
The service has also been attacked by fathers’ rights groups who accuse Cafcass social workers, who advise the court, of siding with mothers.
Today’s Ofsted report is the first rigorous analysis of its work, the schools inspector that took over responsibility for monitoring Cafcass last year.
It cited cases of four-year-old children being judged as “too young to express wishes and feelings”.
In another case an 11-month-old child was said to be too young to appreciate “the political significance of his circumstances”. Far too many reports were based on opinion, not evidence, and many were full of errors. Analysis of facts was poor, with advisers too often jumping to conclusions. In many cases inspectors had no idea how Cafcass advisers reached their recommendations.
Reports were frequently sprinkled with bizarre observations such as “P was born by Caesarean section” or that the parents lived in “a maisonette rented from the local authority”.
But in the most serious cases, reports contained evidence of risks or even injuries to children with no further information as to what action, if any, had been taken.
One report contained a scribbled note saying Cafcass had telephoned a mother after her son suffered a fractured skull, with no further information on the injury.
Confidential files were routinely kept in unlocked cupboards and there was little supervision, leading to an atmosphere of “complacency and lack of focus”. When Ofsted inspectors challenged Cafcass officers about their casual approach, the officers appeared not to be alarmed or surprised, and suggested that their methods were common practice across all regions.
Christine Gilbert, the head of Ofsted, said it had made ten recommendations and would be closely monitoring what action the region would take.
“Though some of the services provided by the Cafcass East Midlands were adequate, Ofsted has found many serious failures in its core role of safeguarding and promoting the welfare of children, young people and families,” she said.
Anthony Douglas, the chief executive of Cafcass, said that he took full responsibility for the criticisms.
“As the Ofsted report makes clear, we are already implementing a new structure to bring about a radical shift in the quality of our work. We are determined to implement Ofsted’s recommendations quickly.”
The Conservatives said that the report was another blow to the authority of the organisation.
Theresa May, the Shadow Women’s Minister, said: “It is time to ask the question whether Cafcass really is carrying out the task it was meant to.”
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Having had the unfortunate 'pleasure' of having an inept practioner in my sons case. I feel completely disillushioned with the fact that this system was set up for to advocate childrens rights. What a joke! As i have read from previous comments 'they' don't care about facts, the parents involved and more importantly the child.
The complaint system is farsical with no one taking responsibility for their many, many errors.
I have found them to be a law onto themselves who not answerable to anyone, especially the public they have a duty of care to.
S. Clarke, West Midlands, UK
I agree with most of the above. We've had experience of CACFASS Legal. They are the most incompetent and biased bunch of people you could ever imagine. Wooly opinions, made up 'facts', closed minds, anti-father but worst of all anti children.
They have been described by a lawyer as ' a toxic mix of arrogance and incompetence.' They should be scrapped like the CSA. If the public knew how their money is wasted they'd be out on the streets. My advice is always secretly tape your conversations with them-you'll be glad you when you read their reports.
Chris, Wincanton, Somerset
Our legal/social welfare services are supposed to hold the child's welfare as being the paramount consideration in public or private family law. Not so, the primary consideration is budget constraints courtesy of Mr Brown.
Cafcass Managers' response (in the report) "no surprise" ... "this what we'd expect to find, you'll find the same in other regions". Precisely, endemic failure, and the responsibility of a Government which is morally bankrupt.
If you get a poor Cafcass Officer or Judge, there is little you can do. Only the very rich can afford a contested court case since Labour restricted legal aid. Could you afford costs which are typically in excess of £20,000?
It's no surprise we came bottom of the UNICEF League for Child Wellbeing in the developed world. £105bn on Northern Rock... £12bn on the Olympics - yet legal aid is cut and social welfare services are shambolic. It's immoral. Next time when the government decides its spending priorities, how about Children First.
Michael Robinson author of The Custody Minefield, Brampton, Cumbria
As a failing agency, the resignation of the entire CAFCASS board was previously called for from all political sides. CAFCASS continues to fail,with horrendous consequencies which are widely reported in the media and on the internet.The starting point for all cases appears to be that children go with the mother, whatever environment that takes them to,rather than what is in the childrens' best interests - a fait a compli. In the criminal courts, the legislation is continually tested by counsel on both sides and the judges. t seems that the only place this occurs within the family courts is when a case reaches the appeal court.Unless you are on a low income and have access to Legal Aid or are particularly wealthy, this is beyond the financial reach of a large majority of the population. Until the family courts and CAFCASS become truly accountable, the government could save a huge amount of money by closing the family courts and CAFCASS and admit the institutional discrimination within.
andrew, lancs, uk
Unfortunately, it is not just fathers who experience the wrath and injustice of a misguided prejudicial cafcass officer. As a mother who initially had residency of two children but now a non resident parent, with no contact is a travesty of justice. Caffasâs intervention was nothing more then a mockery and an injustice. Where is the equality & guarantee of impartiality they profess? They walk away and leave one parent with nothing but excruciating pain, grief and torment. Why?
Emma, Leicester, England
I have had 6 CAFCASS reports. The family reporter constantly makes up facts, misses out important information which shows that i am a good father and hides evidence that mother makes things up. CAFCASS have tried their best to stop me from seeing my child, but thank god the judges have not listened to CAFCASS - CAFCASS should be scrapped and the family courts opened up.
tom, Coventry, England
I am a social worker and a father. I had to rely on CAFCASS to prepare a report for my family. It was a shambles - fathers have no rights. The report was totally biased and favoured the mother. I saw no evidence of good practice or anti-discriminatory practice. In fact, all i saw was me being bashed for being a father. Shame on you Anthony Douglas - i bet your laughing all the way to the bank.
Vimal, Leicester, England
"The service has also been attacked by fathersâ rights groups" - what "fathersâ rights" groups? There is no such thing as "fathers' rights".
And Fathers 4 Justice, for example, are not "Justice 4 Fathers". There is only one justice - justice for children. This is what "father's rights groups" are for.
L Yanovich, Reading, Berkshire
In light of this revelation and the long -standing incompetence of CAFCASS, question must be raised as to why the head of CAFCASS Anthony Douglas has been awarded a CBE in the New Yearâs honours list if not for his complete failure? Surely if there is any justice in this country on behalf of children not only should Mr Douglas be sacked but his CBE withdrawn.
Mike Ellis, Bideford, UK
It is systemic with Cafcass, too often Cafcass Officers do NOT report the facts as seen as required by their mandate.
Instead they take the lazy, short-cut of giving ill-informed opinion and guess work in their reports.
Ofsted have their work cut out over the years ahead trying to get Cafcass into anything near fit for purpose.
With ex Probation Officers and a Union (NAPO) that has enshrined in its written aims the promotion of women above men, instead of equlity for both parents, I give Ofsted two chances; a fat chance and no chance.
Jeff, Surrey, UK