SECTION 3: THE SERVICE STANDARDS

General

3.1 The Practitioner will perform his/her responsibilities in each case in accordance with:

3.1.1 the relevant rules of Court;

3.1.2 the timetable set and any other directions given by the Court.

3.3 The Practitioner will:

3.3.1 collect, maintain and disseminate all information relating to service users in a confidential manner, as set out in the relevant CAFCASS Data Protection Act Policy;

3.3.2 comply with CAFCASS Child Protection Policy and Procedures;

3.3.3 participate in quality control and assurance activities, as provided for in relevant CAFCASS Policy / Procedures.

3.4 On being allocated a case, the Practitioner and their Manager will:

3.4.1 ensure that s/he has the necessary skills, knowledge and experience to undertake the work effectively; and

3.4.2 consider whether there is any conflict of interests and will inform his/her manager if there is any reason why it is not appropriate for him/her to deal with the case.

3.5 Except where the Practitioner is acting as a Reporting Officer, all children who are the subject of proceedings will normally be seen on one or more occasions by them.

3.6 The Practitioner will also take all reasonable steps to see adult parties to the proceedings and any other relevant children and adults unless directed otherwise by the Court.

3.7 At an early stage in his/her enquiries the Practitioner will give consideration to providing information leaflets to children and parties in the case.

3.8 The Practitioner will:

3.8.1 prepare and update a case plan where required by CAFCASS policy, identifying the issues raised in the particular case, the enquiries to be made and issues of diversity;

3.8.2 consider the use of a risk assessment, to be completed in accordance with the relevant CAFCASS policy and procedures;

3.8.3 take a proactive approach to encourage the Court to fix and implement the timetable most likely to meet the needs of the child to the proceedings.

3.9.1 identified by the Court;

3.9.2 raised by the adult parties or children and believed by the Practitioner to be relevant;

3.9.3 identified by the Practitioner which s/he believes to be relevant.

3.9.4 The Practitioner will bring to the Courts' attention any matters which may require evidential hearing or further enquiry, including the appointment of legal, medical or other expert advice.

3.10 Reports will comply with the standard CAFCASS format and guidelines.

3.11 Reports will:

3.11.1 set out all relevant information which the Practitioner has acquired through his/her enquiries, making clear from what source the information has been obtained and distinguishing between matters of fact and matters of opinion;

3.11.2 make clear recommendations (or explain why recommendations cannot be made) which draw on relevant aspects of the Welfare Checklist;

3.11.3 explain the basis upon which those recommendations have been made, including reasons both for and against those recommendations.

3.13 The Practitioner will consider all orders available to the Court

3.14 Reports will be filed within the timescale set by the Court

3.15 When acting as Guardian ad Litem in private law or as Children's Guardian in public law matters, the Practitioners will attend Court hearings unless excused by the Court. When asked to prepare a welfare report, the Practitioner will not attend unless specifically directed to do so by the Court. [Practice Direction 16th July 1981 2 ALL ER 1056; amended Court Rules April 2001 - 7 11 B 3

Closure of the Case

3.16 In public law matters the Practitioner will consider whether it may be appropriate to appeal against any order made and, if so, will immediately discuss this with any solicitor for the child and/or his/her Manager.

3.17 In public law matters the Practitioner will usually see any child who is the subject of proceedings and explain to the child the outcome of the proceedings in a manner that is appropriate to the child's age and understanding. If the Practitioner decides not to do so, s/he will record his/her reasons.

3.18 In public and private law, the Practitioner will abide by the requirements of the Data Protection Act, giving consideration to sharing information contained within a written risk assessment with any agency working on behalf of CAFCASS or following a direction of the Court.

3.19 The Practitioner will provide all information required by CAFCASS for information and monitoring purposes in line with required timescales.

3.20 The Practitioner will prepare all case papers and submit them for safe storage in accordance with CAFCASS's procedures for the retention of case files.

Specific Considerations Applicable to Private Law

Directions Appointments and Assistance to the Court in Private Law (cases where the Practitioner is not acting as Guardian ad Litem under rule 9.5 of the Family Proceedings Rules 1991)(10)

3.22 In these circumstances the Practitioner will:

3.22.1 assist the Court to decide on the most appropriate and efficient means of andling the case;

3.22.2 identify any areas of agreement;

3.22.3 clarify those areas which are in dispute;

3.22.4 identify whether there is any prospect of agreement without the continued involvement of the Court.

3.24 When it is possible to assist the parties in reaching agreement, the CAFCASS Practitioner will report this to the Court and advise whether an Order is necessary.

Mediation/ Conciliation/ Dispute Resolution in Private Law (cases where the Practitioner is not acting as Guardian ad Litem under rule 9.5 of the Family Proceedings Rules 1991)(11)

3.25 Privileged discussion (anything said during the meeting(s) may be reported to the Court only if both parties agree) will take place at the request of the Court, when parties have given their informed consent and on court premises or elsewhere.

3.26 In these circumstances the Practitioner will:

3.26.1 facilitate communication between parties in the dispute;

3.26.2 identify and clarify issues about which there is dispute;

3.26.3 remind parties of their continuing parental responsibility for their children and that the welfare of the children is paramount;

3.26.4 encourage and help the parties to reach agreement which is in the best interests of the children;

3.26.5 comply with CAFCASS child protection policy procedures. As an exception to privileged discussion, any statement of one of the parties clearly indicating that the other has, in the past or is likely in the future, to cause serious harm to the well being of a child may be reported to the relevant agency and the Court informed regardless of the parties' agreement.

3.27.1 ensure that parties are clear about the mediation process;

3.27.2 ensure that the parties are clear that the process is privileged, what this means and that they give their consent to proceed.

3.29 If CAFCASS is subsequently ordered to prepare a report by the Court, another Practitioner should be assigned to the case and should not be given access to any information or statements made during the course of the mediation process.