Cafcass bias-can you change Advisor??

[Sobaditsfunny]

Warning-long read ahead.

I had a cafcass home visit this week as a Section 7 has been ordered. She came to speak to me and the 2 eldest children.

She walked straight in and I already felt I'd done something terrible and she was wary of me and I had no idea why. She dismissed the ongoing police investigation against my abusive ex and questioned why on earth he was still on bail. He committed a serious offence against me several months ago. We've been together 15 years but that was the first time I'd felt brave/desperate enough to report his actions.

She was late, then her Internet wouldn't work so it left a short amount of time to discuss anything before all the children arrived back. I could tell she didn't believe a word I was saying-she questioned then dismissed what I was saying (which was all factual and could easily be proved with evidence). After 10 minutes of confusion it dawned on me She must have been to see him first, she confirmed this.

I chose not to comment on that, I focused all my comments on what I felt was best for the children but she continued suggesting things I felt were not her place such as whether I'd harm the children by pursuing my 'allegation' and that 'I must never tell them what had happened between us'. Which evidently I had not as after her spending almost an hour with each child alone she said they only know 'we had argued a lot, he'd shouted and got in my face a lot'. Which shows I had hidden everything.

She didn't believe me when I said they didn't even know he'd been arrested-she didn't believe I'd sent then to the neighbour whose a health visitor. She said he'd clearly explained the upset on one of his daughters face as she watched him being arrested-total fabrication.

Following this she said she'd talk to her manager, the eldest 2 had stated they did not want to stay over at their dads and the eldest didn't want to see him at all. She said perhaps instead the youngest 2 could sleep over alone as he had bought them beds. Well my youngest is an autistic 3 year old with very little speech and the other child is extremely introvert and also very young.

I explained I didn't feel comfortable with that and she said 'just because you have different parenting styles it doesn't mean he has no right to have them sleepover'. I said its absolutely nothing to do with parenting styles, it's their safety, the fact they're both very vulnerable and the fact he would go to great lengths to punish me that is concerning me.

That night I had horrific nightmares of 2 of my children being killed in front of me but out of my reach so I couldn't stop it. I still get upset thinking of those dreams. The next morning my instinct was screaming at me so I decided to ring her and explain my position. She answered the phone and I asked if everything I said went in the report he could see as I was scared of his retaliation. She was clearly annoyed and said 'if you're asking me if you can tell me anything confidentially the answer is no'. I accepted this but found it hard to talk as was tearful with fear. I then tried to talk but she cut me off, said she 'doesn't have time for this' and basically ended the call.

I get these people are busy, I get they can't keep things confidential but she so clearly has made her mind up and I know its all based on whatever lies he's spun. He will have appeared very charming, reasonable, he's a wealthy professional in a good job, attractive and he'll have played victim.

Now I feel like I don't want to communicate at all with her or disclose anything whatsoever. I'm still scared of him and I'm scared of what will come back if I tell her my concerns but I feel its totally pointless as her aim she said was for me to facilitate the healing of the relationship between the children and father.

Has anyone had any success at changing Advisor? The lady we had at court was lovely and understood the situation straight off. I'm so worried that this lady has assessed the situation inaccurately and it's going to put my children at risk. I don't know what to do.

Thank you to anyone who got to the end.

[Problemnumber99]

I'm sorry @Sobaditsfunny I don't have any lived experience other than trawling the internet for advice on family court.

I have read a few posts similar to yours, and they got cafcass guardians involved (I think that's what they're called). They're next level up and I believe can get involved in abuse cases. The posts all said they were life savers and really supported them. I don't know how you go about doing this though..

I'm so sorry you're going through this, it's absolutely terrifying. It's a system that's not fit for purpose making dangerous decisions.

[Collaborate]

Make sure you have a good barrister to represent you and challenge Cafcass in the witness box. She’ll have had one day to read the papers and do all her meetings. It’s so slapdash these days. And I get lots of clients tell me that if they see the other parent first it colours their perception of the case. It’s all a terrible mess. Under resourced Cafcass and under resourced courts.

[PineappleTime]

I don't think you can request a new officer on this basis. Do you have legal aid? You should be entitled if the abuse was recent and documented. It sounds like you really need legal representation.
Cafcass officers file their reports to court without anyone even reading them first. It's outrageous. When it arrives, if it's biased and inaccurate you can make a complaint and request a meeting with the manager asap to talk through your concerns. This may shine a light on the poor assessment if you're lucky.

[Sobaditsfunny]

Thank you, I have a solicitor though my funds are almost depleted so I'm not sure how much longer I'll be able to pay for her. Hopefully I'll get legal aid once it's all gone.

I dread to think what he said to her first, I don't care personally but the thought that even though hes under investigation for a serious crime he's still managing to get people to believe he's the victim is worrying.

I don't think it has to be filed to court until the end of May. Can the judge differ from cafcass recommendations then when they make the order? Is it not set in stone?

[PineappleTime]

The judge can differ from cafcass recommendations but it's hard to get to that point. You want to challenge the report before it gets filed if you can.

[RedHelenB]

You've not seen the report and recommendation yet have you? Try not to worry, she might have had the exact same manner with your ex. Brace yourself for the fact it's unlikely that he won't get to have them. In the cold light of day , do you still think he would kill them?

[JustAnotherLawyer2]

@Problemnumber99

I'm sorry @Sobaditsfunny I don't have any lived experience other than trawling the internet for advice on family court.

I have read a few posts similar to yours, and they got cafcass guardians involved (I think that's what they're called). They're next level up and I believe can get involved in abuse cases. The posts all said they were life savers and really supported them. I don't know how you go about doing this though..

I'm so sorry you're going through this, it's absolutely terrifying. It's a system that's not fit for purpose making dangerous decisions.

No, there are no 'next level' cafcass officers, they are all the same - and if the court decides to appoint a guardian, 99% of the time it is the cafcass officer already involved in the case.

To the OP, you will see the report and will be able to challenge its contents if you feel the need to. A judge can definitely bypass the cafcass recommendations, however has to give reasons in his/her judgment for doing so. It's not unusual for that to happen with a judge as there are some shockingly bad cafcass officers, but the only way to challenge the report is in court. (Magistrates are highly unlikely - in my experience never - going to deviate from cafcass recommendations.)

[Collaborate]

I agree about magistrates not deviating from Cafcass. They’re awful in that regard. Justice on the cheap.

[zurg123]

Make sure you write down everything that they said including comments that you thought were biased.

[ImperfectAlf]

Magistrates can and do deviate from cafcass recommendations.
Reasons for this are given.

If you disagree with the recommendations in the report, you can question the cafcass officer. It won't necessarily be at the dispute resolution hearing, though it can be.

[Dareisayiseethesunshine]

After 4 years our senior Cafcass officer (also dc's 'impartial' guardian admitted on the stand he had based his entire case on 'facts' he got from exh..
Highlight any blatant lies.. Your council will be allowed to address these with her. We had a woman come out who told me of I didn't go along with exh's demands I would lose custody. I threw her out and reported her.. Report her op.

[Sobaditsfunny]

Update- Going from bad to worse. Thank you everyone for your advice, it is a real worry that the people in charge of making recommendations that affect a child's life can be biased so easily.

We've both been called for an urgent hearing next week. The judge has called it in response to a 16a risk assessment. However the RA was carried out in Feb prior to the last hearing and the March hearing dealt with those matters. Apparently 'new risk has been identified'. I assumed it was based on the cafcass visit last week but I've looked at the dates and the 'new risks' were sent and the urgent hearing ordered a few days before she visited.

I'm totally clueless what the new risks could be but apparently a report is due to be served on both parties today. I'm refreshing my email every 2 minutes and am concerned as to what it could be. Does anyone have experience of something like this??

[Sobaditsfunny]

@Dareisayiseethesunshine @zurg123 thank you, I'm going to write the comments down now. My IDVA rang this morning so I've told her, she said it was not professional and to challenge the report if needed and/or complain.

[Sobaditsfunny]

@JustAnotherLawyer2 will I see the report before I go back to court and will there be chance in court to dispute/challenge it? Thank you for the advice.

[ImperfectAlf]

You should be able to both see and challenge the report. If you don't get it before the hearing, contact the court and ask. To be honest, you'll be unlikely to get a response to the contact but at the hearing you'll be able to ask for time to consider it if you haven't seen the report in a timely manner.
There should be equality of information for both parents

[HollyDollyPollyLolly]

I've dealt with cafcass personally and loosely in a professional environment.

Good case workers are few and far between unfortunately and in my opinion, they're incredibly biased once they've 'chosen a side'.

Wishing you all the luck in this rubbish situation!