Cafcass wrongly told court that Mr L had been charged with a crime

Summary 248 |

Mr L complained that a Cafcass officer had had a poor attitude towards him and had failed to take account of his health. Mr L also complained about the content of the Cafcass officer's report that advised the court on Mr L's contact with his child.


What happened

The court asked Children and Family Court Advisory and Support Service (Cafcass) for a report about residence and contact for Mr L's child. The Cafcass officer met Mr L and his ex‑partner and observed their interactions with their child. The Cafcass officer completed the report to court and recommended that Mr L's child should live with her mother, with Mr L having regular contact. Mr L complained about the content of the report and the Cafcass officer's recommendations.

Cafcass replied to the complaint and said that many of the issues raised should be discussed during the court hearing to decide where Mr L's child should live. Before the court hearing, Mr L's and his ex‑partner's solicitors agreed to the level of contact that was set out in Cafcass's report.

What we found

Cafcass responded reasonably to Mr L's concerns about the Cafcass officer's attitude and the account the officer took of his illness. Some of the issues raised by Mr L related to the content of the report and Cafcass was correct to say that these matters should have been challenged in court.

Cafcass wrongly reported that Mr L had been charged with harassing his ex‑wife when the evidence showed that he had not been charged. We felt that that would have caused Mr L frustration and distress.

Putting it right

Cafcass apologised to Mr L for incorrectly telling the court that he had been charged with harassment and for the impact that error had on Mr L.

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

Apology