Cafcass closes case in error

Summary 105 |

Cafcass's administrative errors caused a father extra distress at an already difficult time.


What happened

Mr A's partner left the family home and took their daughters with her so Mr A made an application for contact and residency. The family court adviser assigned to the case went on maternity leave before the final hearing that she was supposed to attend. Cafcass had no record that the hearing was outstanding so closed the case in error. When this came to light at the hearing, the case was assigned to a second family court adviser and another final hearing was listed. The second family court adviser delayed telling the court that the hearing fell on her non-working day so it had to be rearranged again.

Mr A complained to us and said that Cafcass's errors delayed the case. He said that this delay damaged his relationship with his daughters and gave their mother a chance to turn them against him. He said that all this meant he had no chance of having a fair final hearing. He was seeking compensation for the pain that this caused him.

What we found

Cafcass made errors in its handling of the case and these errors probably caused some delay. However it was difficult to say how much delay was caused because we found reasons that suggested matters may not have been resolved quickly, even if Cafcass had not made the mistakes it made. We did not find that the delays ruined Mr A's chances in the court proceedings.

Putting it right

Cafcass paid Mr A £200 in recognition of unnecessary frustration it had caused.

Health or Parliamentary
Parliamentary
Organisations we investigated

Children and Family Court Advisory and Support Service (Cafcass)

Location

UK

Complainants' concerns ?

Did not involve complainant adequately in the process

Result

Compensation for non-financial loss