SECTION 1: Introduction

The Children and Family Court Advisory and Support Service (CAFCASS)

CAFCASS was established on 1 April 2001 by the Criminal Justice and Court Services Act 2000 ("the Act"). It is a Non-Departmental Public Body answerable through its Board to the Lord Chancellor. It brought together the Family Court Welfare work of the probation services, the Guardian ad Litem and Reporting Officer services and the Children's Division of the Official Solicitor's Office.

1.1 These Service Standards apply to all the work previously undertaken by Practitioners from these three agencies. They replace the National Standards for Probation Service Family Court Welfare Work and the National Standards for the Guardian ad Litem and Reporting Officer Service.

The Functions of CAFCASS

1.2 Section 12(1) of the Act sets out the functions of CAFCASS which are to:

- safeguard and promote the welfare of children;

- give advice to any Court about any application made to it;

- make provision for the children to be represented;

- provide information, advice and other support for the children and their families.

1.4 CAFCASS can only act within its statutory functions.

The Legal Basis and Context of the work of CAFCASS

1.5 CAFCASS practice must comply with relevant family law legislation, Court Rules and case law principles involved.

1.6 In addition to family law, CAFCASS is also subject to other legislation and statutory instruments which inform its work, including the Human Rights Act 1998 and legislation relating to equality, anti-discrimination and health and safety.

1.7 Although not embodied in the law of England and Wales, CAFCASS Practitioners are aware that the UK has ratified the United Nations Convention on the Rights of the Child and will promote its principles.

The Status of the Service Standards

1.8 The Service Standards do not have the force of law but are subject to primary and secondary legislation, Court Rules and Orders of the Court.

1.9 The Principles which underpin the Service Standards are set out in Section 2 of this document. They are aligned to the range of public and private law roles and responsibilities and where different standards are required, these are indicated.

1.10 CAFCASS will agree protocols and issue policies, procedures and guidance to support the implementation of and compliance with Service Standards.

1.11 The Service Standards are issued by the CAFCASS Board. They are applicable to the work of all CAFCASS Practitioners, both employed and self-employed.

1.12 The Service Standards reflect the principles of Service First, Investors in People, and Modernising Government. They incorporate both the importance of public accountability and value for money in the use of public funds.

The Purpose of the Service Standards

1.13 The Service Standards provide a framework for the work of CAFCASS Practitioners and require that they place the interests of children at the forefront. The Standards promote the delivery of high quality, timely, fair and consistent services for children, families and the Courts.

1.14 The Service Standards provide the basis on which CAFCASS Managers will monitor and develop the work of Practitioners.

1.15 The Service Standards will be used by her Majesty's Magistrates Courts Service Inspectorate (MCSI) in their inspections. MCSI reports to the Lord Chancellor on the performance of the service. MCSI reports are published and available to the public.

Who are the Service Standards for?

1.16 The Service Standards appky to:

The operational services workforce for children and families, the CAFCASS Executive Team and Board and the Lord Chancellor's Department.

They will be relevant to:

- Children and families who use CAFCASS services including all parties to the related family proceedings and their legal representatives;

- Family Courts;

- Voluntary and independent agencies and individuals performing functions of CAFCASS on its behalf;

- Statutory, voluntary and independent agencies working in partnership with CAFCASS

1.17 Measures for performance against the Standards are developed and incorporated within policies, procedures and practice guidance. Service performance is reported to the CAFCASS Board and included in CAFCASS annual reports.

Where can copies of the Service Standards be obtained?

1.18 Further copies of these Service Standards may be obtained free of charge from any local CAFCASS office. They are also available on the CAFCASS website www.cafcass.gov.uk.

1.19 Copies of the Service Principles and Standards can be made available on request in Gujarati, Punjabi, Hindi, Bengali, Urdu, Chinese, Arabic, Mirpuri, Portuguese and Turkish.