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Having read through the Cafcass operating framework (the new one put on by Mojo, thank you) we have realised that although we obviously knew the S7 report was full of, lets say "inaccuracies", it actually flies in the face of their own framework. Does my son complain directly to cafcass or does he wait until the next hearing to challenge it? It has already been seen by the Judge at the last hearing and he did say that he presumed my Son would be challenging it (Judge very obviously wasn't happy with it), but a full-on complaint needs to be made so does my son do that first directly to cafcass or does he wait for court ? Thank you very much, Granny.
In the first instance, particularly with the judges stance, I would make a complaint to CAFCASS about it and also prepare a challenge to it for the next hearing. Has your son been asked to provide a statement to the court before the next hearing?
Keep it civil and make your points in writing, referring back to their own framework with examples from the S7 report, pointing out their lack of proper analysis, relying upon opinion and not facts etc.
Check out their complaints procedure...perhaps making an official complaint might see a quicker response.
https://www.cafcass.gov.uk/contact-us/feedback-complaints-adults/
All the best
Thanks Mojo but this is what it says on that link:
"Please note that where we have been ordered by the court to write a report and you do not agree with our recommendations or professionals’ opinions please raise your concerns in court where they can be explored. These types of concerns can only be dealt with in court and not as part of the Cafcass complaints procedure."
What do you think? The report does, as you said, rely on opinion not facts and lacks proper analysis etc, but after reading the above do you think he should he complain to cafcass themselves or wait for court?
Havent had the directions in from last hearing yet so dont know what Judge wants for next time atm.
Thank you very much. Granny.
mojo knows much more about this than I do, but I would say that you raise a complaint anyway. Worst case is that there aren't the grounds to make a complaint, and you raise your concerns in court, but if you don't try, you won't know, and you can then tell the court that you have raised a complaint as the court suggested.
Without knowing any specifics, it's difficult to comment, but I tend to agree with actd. If you disagree with their report recommendations, then challenge in court, otherwise I would go ahead.
Did the judge specify what he was unhappy with? You could write to the court and ask for permission to file a response to the CAFCASS report, referring to the fact that the judge advised you to challenge it. I would wait until you've received the directions from the last hearing, as it may be addressed in there.
You can only really complain if they have made factual or procedural errors (dates, names etc). If you simply disagree with opinions or recommendations, then you challenge these at court. Usually this is done via cross examination of the officer at a court hearing & in a statement, if you have been asked to provide one.
If your position is the latter, I would avoid making a complaint to Cafcass until you have challenged the report in court. You're more likely to get the court on side that way than by making a complaint.
As said, it's difficult to advise without knowing your case in more detail, you have a raft of opinions... Yoda has lots of practical experience in court and probably understands best practice more than any of us.
All the best
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