Section 7 Reports by Cafcass or Other Social Services

In your case for child arrangements in the UK, the court may order a welfare report if there's a concern about your child's well-being. These are known as Section 7 reports. Via the report, the investigator recommends a child arrangement to the court. The court makes the final decision.

What is Section 7

Section 7 is the name of a law. Section 7 of the Children Act 1989 empowers courts to appoint an investigator of the child's welfare.

The usual investigator is the Children and Family Court Advisory and Support Service (Cafcass), which exists to safeguard children's welfare. They provide information to families, advise the court and (if necessary) see that the child is legally represented. They prioritise any allegations of abuse or neglect.

What is a Section 7 report or S7 report

It's a report to provide recommendations about a child's welfare. The welfare report is often called a Section 7 report, named after the law. Upon the court's order, a professional writes it. They can access the documents in your case, speak to police, and they can interview you, your child and people who know your child, like family members and teachers.

If Cafcass is assigned to write the Section 7 report, this would be done by the family court adviser from the UK Cafcass or, in Wales, a Welsh family proceedings officer from Cafcass Cymru. There is no charge to you or the other parent.

Alternatively, a local authority who has had prior contact with the family may be ordered to write it. Again, there is no charge to the family.

If you prefer to pay a social worker to write the report, you can ask the court to order this.

Cafcass safeguarding interview

You'll likely have brief introductory telephone interviews with Cafcass. Their first priority is to obtain safeguarding information (i.e., whether your child is at risk) from you or other reliable sources. You won't get a hearing until Cafcass gets this basic safeguarding information.

Once they have the information they need to begin, Cafcass will write a safeguarding letter aka a Schedule 2 letter. They provide it to the court — and to both parents — at least three days before your first hearing.

The first hearing is more formally called a first hearing dispute resolution appointment (FHDRA). A Cafcass officer will attend.

If abuse or neglect allegations reach the court (via Cafcass or otherwise), the court may order a fact-finding hearing:

• If the court finds a risk of significant harm to your child, it may order a Section 37 report to be completed in less than eight weeks.
• If the court has a more general safety concern, it may order a Section 7 report to investigate further, which normally takes over twelve weeks to complete.

If parents are disputing a co-parenting issue but there are no allegations of abuse or neglect, the court is likely to order you to try mediation. A Section 7 report may be unnecessary if you can reach agreement with your co-parent.

Cafcass Section 7 welfare checklist

Section 1 of the Children Act 1989 says that "the child's welfare shall be the court's paramount consideration" in any question of the child's "upbringing". To evaluate the child's best interests, the law provides this checklist:

1. "the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)"
2. "his physical, emotional and educational needs"
3. "the likely effect on him of any change in his circumstances"
4. "his age, sex, background and any characteristics of his which the court considers relevant"
5. "any harm which he has suffered or is at risk of suffering"
6. "how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs"
7. "the range of powers available to the court under this Act in the proceedings in question"

Cafcass Section 7 interview questions

The Cafcass officer could ask things like:

• What is your child's routine?
• What are your child's unique needs?
• How do you support your child emotionally?
• Why did you separate from your child's other parent?
• Do you have any ongoing concerns about your co-parent?
• How will you cooperate for your child's sake?

Tell the truth. Don't exaggerate. If the other parent has seriously misbehaved, criticise them fairly and make constructive proposals. Do so for the sake of your child. If something you're upset about isn't relevant to your child's needs, it may be better not to mention it at all to the Cafcass officer.

Section 7 reports by Cafcass

At dispute resolution appointments, as well as at final hearings, you're allowed to present a brief position statement. Keep it focused on your child. At a final hearing, you can also give a witness statement, which can be more detailed.

To prepare for further interviews with Cafcass, consider what's been working well in your co-parenting — and what hasn't. Propose specific arrangements you'd like for the future, especially if it's something the court can order. This shows that you're organized, thinking clearly, and making an effort to solve problems.

Cafcass will attend your final hearing if the court orders them to do so. You can ask the court to do this.

Cafcass home visit section

To help the court determine where your child should live, Cafcass can consider the physical conditions of your homes, as well as whether the parents are capable of meeting the child's needs (schooling, etc.) and whether they're currently doing so. A home visit is a good opportunity for Cafcass to talk to your child, as children are more relaxed at home.

Section 7 reports when there's domestic abuse

The report considers parents' behavior with each other and with their child, as well as the effects of this behavior on the child, and the likelihood that this situation will continue.

Cafcass workers are trained to be aware that an abusive parent may try to leverage the Cafcass process to control their victims.

Section 7 report outcomes

The person who writes the recommendation uses a report template like this one.

A Section 7 report is evidence in your court case. You can argue against it in court. If the court finds reasons not to follow the report's recommendations, it is free to order another child arrangement.

You can tell Cafcass of any factual inaccuracy in the report (like the date of your divorce), and you can report any mishandling of your case. Otherwise, you shouldn't complain to Cafcass directly that you dislike or disagree with the report's conclusions; you should bring that concern to the court.

If you disagree with the court's decision, you can appeal.

Using technology during Cafcass Section 7 proceedings

Court proceedings require serious organisation.

You may want to present the judge with a calendar of when you care for your child, a list of parenting expenses, a parenting journal and more.

The Custody X Change app lets you create and manage all of these elements in one place. It helps you prepare for every step of your case.

You can customize this to fit your situation with Custody X Change.

Take advantage of our technology to get what's best for your child.