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Civil way: 4 September 2009

03 September 2009 / Stephen Gold
Issue: 7383 / Categories: Features , Civil way , Child law
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Cafcass is in trouble. There has been a dramatic increase in public law child work post Baby P and private law business is getting less of a look in

Seventh heaven

Cafcass is in trouble. There has been a dramatic increase in public law child work post Baby P and private law business is getting less of a look in. A huge backlog has accumulated in the preparation of reports under the Children Act 1989 (CA) s 7 and in the appointment of guardians in public law cases. Enter an agreement reached between the Family Division’s President, Cafcass and HMCS which leads to a six-month plan to take effect on 1 October 2009 and Presidential guidance.

A full s 7 report in general terms is removed from the menu. If any Cafcass report is ordered during the six months—you should be ready to convince the judge that the application really cannot be decided without some report from Cafcass—it will be issue specific and thereby completed earlier. The national expectation is that a report on the child’s wishes and feelings will require

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