Cafcass appointed solicitor - how to change? Urgent advice needed

[Zerozerox]

Have NC‘d for this. Can’t give lots of details as outing.

Currently in the family courts. Ex has made an application to enforce contact. One of my children refuses to live at his and is afraid of him due to a few incidents (emotional abuse). No contact at the moment apart from sporadic text messages.

The solicitor representing this child is truly awful, didn’t delve into what happened, suggested my child is lying about the incidents and subsequent self harm, told me my older child who had the same happen to them with Dad is „a lost cause“ when I asked if they would consider taking both kids to contact with Dad in due time.

How do I go about getting the solicitor that Cafcass appointed, changed? For the sake of my daughter (12) who feels pushed into contact (1 letter from Dad then 1 letter back, then meeting in person) and not believed.

I met the solicitor and reserved my opinion until I had spoken to her and she is truly hard nosed and cold with a black and white view. I spoke to an experienced Cafcass worker who I know and she is aware of her and said she was not empathetic and couldn’t get on with the children in question on her case, belligerent and disliked by judges as not interested in mediation and meeting in the middle but rather having her way. They said that the child can speak to her guardian (Cafcass officer) to ask for the solicitor to be changed. How likely is this to be successful and what is the procedure?

Please, can anyone advise on this matter?

Surely you can just appoint your on solicitor?

@ZeroFuchsGiven Cafcass appointed her solicitor to act on behalf of the child.

A quick google says you dont need to use that solicitor and can appoint your own.

Your children are also allowed to have their own solicitor; the Children Act gives children a voice. A Children's Guardian will usually appoint a solicitor to act for the children, but the children can also instruct their own solicitor

I'm sorry I dont know much about solicitors for children so I just looked online what i could find :)

@ZeroFuchsGiven I googled and couldn’t find anything. I am so grateful to you that you looked at this. I don’t know what the process is for letting the one my child currently has, go. Does my child have to write a letter or just speak to Cafcass? I have the contact details for the solicitor.

I was concerned when that solicitor stated that my eldest was a lost cause - surely if you are a decent human being you’d hopefully never say that about any child - even more so when you are working in the family courts. The fact that she disbelieves my younger child just made me so sad as it really upset my daughter who’s now effectively been called a liar who „imagines“ things. How can you have a person advocating for you that actually thinks you’re being dramatic. Surely as a child you deserve to be believed and treated with a bit of warmth and empathy.

IANAL and my experience in the area of courts/tribunals is not family but I suspect the CAFCASS solicitor is there so that the Child is separately represented.

If I was you I would probably find a family solicitor first before doing anything else, I am sure they will be able to advise you properly on what your daughters rights are. They will be able to tell you what to do regarding the process of sacking the other one.

@ZeroFuchsGiven Thank you so much for taking the time to reply. It meant a lot to me 💐

@Zerozerox Your child can complain to CAfcass. It’s easy to find on the web site. Here’s the starter page. CAfcass can appoint a barrister or solicitor. A barrister would be a lot better in the circumstances in court.

Also judges don’t have to follow CAfcass. Your child should ask for someone else to represent them. You do need to be careful about coercion though. Let child make the running on this.,

The children's guardian (Cafcass employee) instructed the solicitor as litigation friend for the children based on an assumption that as minors they can't instruct a solicitor directly themselves.
First step would be for child to ask to speak directly with guardian and raise their concerns about the solicitor - you can support with this but need as PP say to avoid driving the process or coercion.
If that is not fruitful - and it may not be as IIRC the guardian chooses the solicitor so presumably rates them, your child could consider instructing a solicitor.
They can only do so if they have litigation capacity. There is no fixed age for determining whether a child has litigation capacity, it will be for the solicitor to determine.
I'd recommend a specialist in children's rights eg Coram Children's Legal Centre have a specialist helpline and legal centre which does legal aid work (based in Essex/London but work all over)

My child’s main concern is that they aren’t being listened to and that the solicitor is overbearing and putting words in their mouth. They’ve effectively been called a liar and pushed into contact without working with them to ascertain what happened between Dad and child. The main aim seems to be rushing the contact without exploring what happened for contact to break down in the first place if that makes sense. Thank you for the helpful messages. Really appreciate all the input.

The CAfcass web page and guardian are the ways to start. DD can make a complaint. Guardian should take this seriously though. Also had guardian compiled a report? What is in that? At 12, judges will listen to Dc.

@TizerorFizz Yea, the guardian has compiled a report. No mention of the self harm. Both Guardian and judge agree that my child is eloquent and able to express their wishes and feelings.

In that report my child gives reasons for not wanting she live with Dad but wouldn’t mind writing letters and have face to face contact once they feel comfortable. They said that Dad speaks ill of mother and likens child to them which they struggle with. I can’t go into more detail as outing.

The report says mother needs to be careful not be be alienating child from Dad. No reasons given why they think this is the case. I am not doing anything to prevent contact or speak ill of Dad. I think a child should see both parents but not if that parent is emotionally abusive. Happy kids don’t self harm.

I am mindful of not making a formal complaint myself because I am trying to remain neutral but I feel sad for my child. Should they reach out to guardian in a message as I would prefer they do it in written form? I will call the Coram Childrens Legal Centre this morning to see what they say.

I think Dc could use the mechanism on the web site to complain. Not you. The report should mention self harm. Of course your barrister can mention self harm and your concerns.

Thank you @TizerorFizz

I have looked at the Cafcass form and it’s one that is used retrospectively. My child is looking to get help now in these active proceedings if that makes sense. I have a call with Coram booked later this week to discuss the issue. It’s seems like the only way to get anywhere at the moment is to speak to the Cafcass guardian and engage with another family solicitor.

Ah. I apologise I didn’t realise it was after the event. That seems odd.

DD is a family barrister and she tells me judges do not always follow CAfcass report or advocates. Parents also have counsel and they can express views too which might differ.

Thank you @TizerorFizz and thanks to your DD. I am a LIP (not represented). I have a call booked with the Coram‘s Centre Tomorrow afternoon and will take it from there. 🤞

If your child is considered to have capacity to understand the issues involved in instruction (and they may do to a basic level), it is legitimate to say that the solicitor is not representing the child's wishes and feelings.

This occasionally happens in public law, the Guardian/solicitor advocate for a position that is not in line with what the child says they want, this then causes a problem because they are the child's solicitor.

The solicitor is instructed via the Guardian, they are not a stand alone figure for the child, is the Guardian similarly of the view of the solicitor?

You can ask for the child to be separately represented, you would then have you and your solicitor, the child and their solicitor, the guardian and their solicitor and the father and their solicitor.

@bellac11 This sounds like a nightmare.

I can’t gauge the Cafcass officer. She seems disinterested in what happened to my child and the reasons for why we got to where we are in the first place which is weird. All she seems to care about is contact - and quick.

She ignored my child’s worries and just wants to come back to see her a second time to “do more activities” with them. She said she (Cafcass) won’t ask about the self harm unless the child tells her. Disinterested in the other sibling that is also estranged from Dad but keen to point out parental alienation.

Who would my child approach to get someone to represent her? Do I get her to dial a family solicitor in the area? Does she call the guardian? I would like there to be a paper trail of the contact allowing everyone to refer to it should it be needed.

If the solicitor/Guardian is not advocating for your child's wishes and feelings and there is sufficient evidence to say that your child has capacity to make their own decisions and understand the consequences of those decisions, then its right that either their solicitor represent them, or if the Guardian is in opposition to your child's wishes, then the child needs a different solicitor and may be deemed as competent to instruct them themselves (this would be a big ask)

What is your child actually saying, what is their view, how much if any, contact do they want? Is the Guardian in alignment with that and are they instrucitng the solicitor to that effect?

Guardians are there to represent the child but they arent always going to be in agreement that what a child wants or says is right for them or in their best interests. Children dont always know whats in their best interests, sometimes they do. Its not black and white.

Completely get that @bellac11. I personally think it’s important to know both parents unless awful abuse has happened. I think family mediation might work but judge thinks it won’t. So I don’t understand why the push for more contact without actually digging into what happened. (Those abusive chats that drove my child to self harm and hating herself for what Dad said.)

judge had oversight on the last case with my eldest. Cafcass current strategy is to gloss over and not re-examine the pattern by Dad.

My child wants some contact in writing, ease into that contact and then meet for a coffee and a chat on neutral territory until they feel comfortable to go back to Dad’s for the day and attend family events. Not unreasonable in my honest opinion. They want no 1:1s right now and no overnights (alcohol related issues with Dad. He gets drunk and then menacing, she’s mentioned Dad drinks profusely in the letter to judge.)

kids should know both parents without a doubt, it’s where they came from. At 11 you shouldn’t cut a father or mum out if there is no awful abuse but I feel both Cafcass and solicitor aren’t safeguarding my child from more abuse in their push for quick contact.

Each child can have a different solicitor, particularly if their needs/wishes are different. Your 12 yo should get their own advocate given their age and will be much more likely to be listened to than have decisions made for them.