What is the CAFCASS Welfare Checklist? Understanding the Children Act 1989

The CAFCASS Welfare Checklist is a vital part of family court proceedings in England and Wales. If you’re involved in a child custody case or family law dispute, understanding the Welfare Checklist is crucial. This guide explains what the checklist is, how it influences decisions under the Children Act 1989, and what parents need to know when dealing with CAFCASS officers.

What is CAFCASS?

CAFCASS (Children and Family Court Advisory and Support Service) is an independent organisation who are there to represent children involved in family court proceedings. It is their job to make sure the child’s voice is heard, and decisions are made in their best interest.

What is the role of CAFCASS in child custody cases?

If you’re involved in proceedings involving CAFCASS, then a Cafcass officer will be appointed by the court to act as your Children's Guardian in the court case. It’s important to understand what CAFCASS will consider when making decisions about the bests interests of your child. One of the most important parts of a Guardian’s analysis is the ‘Welfare Checklist’ and this is defined in statute (law).

Section 1(1) of the Children Act 1989 states:

• When a court determines any question with respect to –
• The upbringing of a child;
• the child’s welfare shall be the court’s paramount consideration

This is called the ‘Welfare Principle ’. It is this overarching legal principle that informs and guides any decision made by CAFCASS and the court in proceedings involving children. In summary it means the most important thing in court proceedings is the child’s welfare.

What is in the CAFCASS welfare checklist?

When CAFCASS and the court applies the welfare principle, they consider a number of different things, this is often referred to as the ‘Welfare Checklist’ and it is set out in Section 1(3) of the Children Act 1989 . These factors include:

• The ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding);
• His/her physical, emotional and educational needs;
• The likely effect on him/her of any change in his/her circumstances;
• His/her age, sex, background and any characteristics of his/hers which the court considers relevant;
• Any harm which he/she has suffered or is at risk of suffering;
• How capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her needs;
• The range of powers available to the court under this Act in the proceedings in question.

These considerations help determine child custody arrangements, including where a child should live and how much time they should spend with each parent.

How Does the Welfare Checklist Influence Court Decisions on child custody?

When preparing any report, CAFCASS will review each part of the Welfare Checklist as they consider what is the best outcome for the child. Each outcome will be different depending on the child’s individual age, characteristics and personal circumstances.

Understanding what CAFCASS consider though is just the first step in child care proceedings. It’s important that you obtain independent legal advice to help you navigate the proceedings. We’re experts in supporting families through the family courts and helping them secure the outcome they want. We regularly work with CAFCASS guardians to achieve the best interests of the child and help keep families together.

If you need expert guidance on family law matters, including child custody arrangements and CAFCASS proceedings get in touch with our team today on 0800 138 0458 or the form below. We’re here to help you find the best way forward for you and your family