Research and analysis

Children and Family Court Advisory and Support Service: Review 2023 to 2024

Published 10 October 2024

Applies to England and Wales

The Ministry of Justice (MOJ) completed a review of the Children and Family Court Advisory and Support Service (Cafcass). The review was part of the government’s Public Bodies Review Programme. It started in August 2023 and concluded in December 2023. 

Background to Cafcass

Under the Criminal Justice and Court Services Act 2000 (the 2000 Act), provision was made to establish a body corporate (known as the Children and Family Court Advisory and Support Service) to exercise the functions conferred upon it by the Act. Following the enactment of the 2000 Act, Cafcass was established in 2001, in England, as a Non-Departmental Public Body to advise the family courts about the welfare of children and what is in a child’s best interests. Cafcass’ functions as set out in legislation (s.12) are to:

• safeguard and promote the welfare of the children
• give advice to any court about any application made to it in such proceedings
• make provision for the children to be represented in such proceedings
• provide information, advice and other support for the children and their families

Purpose of the review 

The review, conducted in line with Cabinet Office Public Bodies Review Guidance was carried out to provide assurance that: 

• Cafcass’ functions remain useful and necessary
• Cafcass is effective, efficient and aligned to government priorities
• Cafcass is well governed and properly accountable for what it does

Conclusion and Recommendations 

A stage 1 review concluded that Cafcass and the MoJ are compliant with the majority of Cabinet Office good practice indicators for departments and public bodies. Particular areas of strong compliance with good practice indicators include financial management, effective sponsorship, and governance.

Five areas for improvement have been identified. These relate to:

• performance metrics and data provision
• the support the department provides Cafcass with its risk management
• Cafcass’ use of shared services
• guidance for Board members on lobbying

The Review Team noted that work is underway between Cafcass and MOJ to reframe the organisation’s performance metrics and has made proportionate recommendations to address the areas where a need for improvement has been identified.

As well as reviewing organisational purpose and identifying areas for improvement, the stage 1 review considered whether Cafcass and the MOJ would benefit from wider exploration of the areas where improvement is needed. At this stage, the Review Team is satisfied that a further in-depth review is not required and has made the following recommendations:

Recommendation 1: Key Performance measures

Whilst Cafcass’ performance measures are easy to understand, the Review Team believes that they could be improved to help show the ongoing, and significant work pressures that Cafcass faces. Work has already started between the MOJ and Cafcass to review and strengthen performance measures to make sure they give a better understanding of how Cafcass is performing against agreed objectives. The Review Team recommends that this work is monitored by the MOJ. The Review Team also recommend using an MOJ Non-Executive Director to support this work in six months’ time if needed.

Recommendation 2: Monitoring Meetings

The Review Team agrees with the suggestion that decisions or conversations between Cafcass and the MOJ about family justice policy should be discussed separately to meetings focussed on Cafcass’ internal assurance. This would ensure that both meetings can be used as efficiently as possible.  Over the next 12 months, the MOJ and Cafcass should regularly monitor how effective these changes have been.

Recommendation 3: Support with risk management  

Cafcass meets Cabinet Office requirements for risk management. However, the Review Team recommends a review of the support the MOJ provides to Cafcass to make sure appropriate support around risk management is available. This should include ensuring there is comprehensive training available for risk specialists within Cafcass and sharing of expertise related to efficient risk management along with examples of best practices.

Recommendation 4: Creation and implementation of corporate and business plans

The Review Team recommends that the MOJ are involved in the agreement of Cafcass’ corporate and business plans. This will ensure Cafcass’ work supports MOJ’s priorities and meets the requirements set out in the Arm’s Length Body Sponsorship Code of Good Practice. This will also support the MOJ and Cafcass in understanding how agreed outcomes will be delivered.

Recommendation 5: Shared Services

The Shared Services Strategy for Government was launched in March 2021 with the aim of modernising systems, reducing costs and offering better value for the taxpayer through the sharing of corporate services, which include HR, finance, procurement and payroll. The Review Team recommends that Cafcass and the MOJ work together to explore the potential benefits of Cafcass using MOJ’s corporate services, including achieving better value for money in delivering public services.

Recommendation 6: The Board’s Guidance on Conduct and Behaviour - Lobbying

The Review Team recommends that Cafcass’ Board Code of Conduct is updated to include clear rules and guidance on all aspects of lobbying.

Recommendation 7: Family Justice Board

Following a review of Public Family Law Reform by the Government Internal Audit Agency (which took place at the same time as this review), recommendations for improving both the Family Justice Board^{[footnote 1]} and the Local Family Justice Boards^{[footnote 2]} were made to the MOJ. These will support improvements to the wider family justice system. As Cafcass is an important organisation in the family justice system, the Review Team recommends that updates on progress in implementing these recommendations are provided at the regular meetings between the MOJ and Cafcass.

---

1. The Family Justice Board is the primary forum for setting direction for the family justice system and overseeing performance. ↩

2. The Local Family Justice Boards were set up to support the work of the Family Justice Board by bringing together key local agencies and front-line staff to achieve improvements in the performance of the family justice system in their local area. ↩