Safeguarding checks and CAFCASS article banner image

The High Court recently determined an application in the case Re D, CAFCASS for safeguarding checks to be completed on the stepfather of the children.

The issue the court had to consider was whether there should be safeguarding checks of family members who were not parties to the proceedings.

In private law proceedings CAFCASS undertake safeguarding checks including police and social services generally of the parents of the child or children concerned.

In this particular case the stepfather had declined to be subject to safeguarding checks.  CAFCASS made an application to the court for an order requiring CAFCASS to undertake safeguarding checks of the stepfather and that the mother provide CAFCASS with such information about him as necessary for those checks to be made.

The High Court general guidance offered the following points.

1. There is a public interest in the court having information which may be relevant to its determination of a child’s welfare in private law proceedings.

2.   Any relevant individual who is not a party has a right to respect for his private life.

3.  The court must therefore balance the individual’s right of privacy against the public interest in the due administration of family justice and the need to safeguard the children who are the subject of the proceedings.

It is mandatory under the current procedure for safeguarding checks to be completed on the parties to the application.  Departure from that approach for individuals who are part of the same household should logically and generally require some good reason.

The nature of the application before the court was that relevant consideration was not determinative.

Advice about handling transmission and storage of data be applied.

Should generally require undertakings from CAFCASS about confidentiality of the information and how it is disclosed if at all.

In this particular case the court was satisfied on balance safeguarding checks would be proportionate.

Andrew Lobb is an Associate at Stephens Scown LLP and is part of the St Austell family solicitors team. Andrew can be contacted on 01726 74433solicitors@stephens-scown.co.uk or www.stephens-scown.co.uk