What Does Cafcass Do in Special Guardianship Order Proceedings?

Cafcass Is Not the Same as the Local Authority Assessment

One of the most common confusions in SGO proceedings is mixing up Cafcass with the local authority social worker. They do different things, work for different organisations, and their reports serve different purposes.

Cafcass (the Children and Family Court Advisory and Support Service) is an independent body that works directly for the Family Court. The local authority is the council's children's services department. When you apply for a Special Guardianship Order, both may be involved — but the local authority does the main assessment, not Cafcass.

What Cafcass Does in Private Law SGO Cases

In a private SGO application (where you've applied independently, not through care proceedings), Cafcass's role is focused and limited:

Safeguarding checks — as soon as your application is issued, Cafcass conducts police and local authority checks on all parties. They look for:

• Police cautions or convictions
• Any history of children's services involvement
• Existing court orders or ongoing proceedings involving any party

The Safeguarding Letter — Cafcass files a brief letter with the court before the first hearing (FHDRA), summarising the results of their checks. This isn't a full welfare report — it's a short document flagging any safety concerns the judge needs to know about before making initial directions.

Section 7 report (if ordered) — the court can direct Cafcass to prepare a full welfare report under Section 7 of the Children Act 1989. This happens when the judge wants an independent view beyond what the local authority assessment covers — for example, if the local authority's report is contested or if there are concerns about the assessment's independence. But this is ordered on a case-by-case basis, not automatic.

In most straightforward private SGO applications, Cafcass's involvement ends after the Safeguarding Letter. The heavy lifting — the full assessment of your suitability, the child's needs, and the proposed support plan — is done by the local authority under Section 14A(8) of the Children Act 1989.

Cafcass's Role in Public Law Proceedings

If your SGO application arises within care proceedings (public law), a Children's Guardian is appointed — this is a Cafcass officer with a different role from the private law Cafcass officer.

The Children's Guardian:

• Independently represents the child's best interests throughout the proceedings
• Instructs a solicitor to act for the child
• Reviews the local authority's assessment and care plan
• Provides critical analysis — the Guardian's view on whether an SGO is appropriate carries significant weight with the judge
• Files their own report with recommendations

In public law cases, the Children's Guardian is a substantial presence throughout the proceedings, often attending multiple hearings and meeting with the child, the applicant and the birth parents.

How to Prepare for Cafcass Contact

If a Cafcass officer contacts you, they're typically conducting safeguarding checks or, if the court has ordered a Section 7 report, carrying out an assessment. Either way:

• Be honest and factual — Cafcass officers are experienced at identifying inconsistencies and evasion
• Focus on the child — Cafcass's mandate is the child's welfare, so frame your responses around what's best for the child
• Don't speak negatively about the birth parent unless it's factually relevant to a safety concern — officers note hostility as a potential risk factor for the child's contact arrangements
• Have your documents ready — school reports, medical records, a timeline of the child's living arrangements

When the Safeguarding Checks Flag Something

If the Cafcass checks reveal something concerning — a historic conviction, a previous children's services referral, or an existing order — it doesn't automatically derail your application. The judge will consider the information in context.

What matters is:

• How long ago the issue occurred
• Whether it's relevant to your current capacity to care for the child
• How you address it — being upfront about past difficulties is better than having them surface as surprises

The local authority assessment will explore any flagged issues in much more detail than the Cafcass letter. If there are concerns, the social worker will ask about them during your assessment visits, giving you the opportunity to explain the context.

Our SGO Process Guide explains how the Cafcass and local authority processes work together, and includes an assessment preparation worksheet to help you organise your records and responses before any professional visit.

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