A County Council v Children and Family Court Advisory and Support Service (Cafcass)

A County Council v Children and Family Court Advisory and Support Service (Cafcass)

The court has no power to require Cafcass to appoint an officer to undertake work with or play any role with a non-subject, non-party child; Cafcass's statutory functions are limited to the subject child or children of the proceedings.

Parties
Applicant: A County Council; Respondent: Cafcass
Jurisdiction
England and Wales
Judgment Date
20 September 2019
Procedural Posture
Care Proceedings / Ruling on Procedural Issue
Outcome
Court has no power to require Cafcass to undertake work with a non-subject, non-party child.
Legal Topics
Statutory Interpretation, Children's Guardians, Role of Cafcass, Non Subject Child Involvement
Family Law Child Protection Statutory Interpretation Children's Guardians Role of Cafcass Non Subject Child Involvement

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Parties

A County Council

Applicant

Cafcass

Respondent

Procedural Posture

Care Proceedings / Ruling on Procedural Issue

Legal Issues

  1. 1 Whether the court has power to require Cafcass to undertake work with a non-subject, non-party child
  2. 2 Scope of Cafcass statutory functions under s.12 Criminal Justice and Court Services Act 2000

Ratio Decidendi

The court has no power to require Cafcass to appoint an officer to undertake work with or play any role with a non-subject, non-party child; Cafcass's statutory functions are limited to the subject child or children of the proceedings.

Court Disposition

Court has no power to require Cafcass to undertake work with a non-subject, non-party child.

Orders

  • Preparatory work to be undertaken by a social worker from the local authority, A City Council, or an independent social worker.