[Solved] Section 7 report

Hi,

Added to my questions about appeal process for factual inaccuracies in section 7 i have some others. Just as a footnote the cafcass officer is now discharged so i cannot even cross examine her in court. This is the family court.

1-my son said in a phone call from school which is recorded he wanted to see me every weekend as he had done for 8 years, Can i use this in court for final hearing-is it admissible?

2-My son was also on child protection register only last year, in 2016/2017 but Cafcass officer has not looked at those reports,(see below) Can i challenge this as the reports call me a protective factor and detail contact is every weekend plus one day a week. Surely they should have had access to most important & recent CIN reports rather than just dismissing them?

Both Miss xxxxx and Mr xxxx informed me that child was on the Child Protection Register in the past, as a result of Miss X’s drug use; however, this information is not included in the report from xxx Children’s Services.
Evidence

3-My son is being coerced and controlled(see below)but they hardly mention this..

I explored with child about spending time with father. Child informed me that he asked his mother to spend time with his father; however, his mother told him that ‘if he goes to spend time with his father, he can’t come back’. Child then reverted that he did not wish to see his father, as his father “dumped” him on his mother’s doorstep. As Child used the word “dumped” specifically twice, I explored his use of the word, Child informed me that his mother said that his father “dumped” him on the doorstep. Child informed me that he has witnessed his parents arguing and he was saddened by this.

Does anyone have any thoughts on contesting this report

Sorry to hear all that. I had a very similar sort of Section 7 myself very recently in the respect that negative behaviour by the mother was all but ignored. The report instead focused on the 'good things' she had been doing, ie, attending courses, accessing help, going to get breathalised once a week and not having any alcohol in her system on those occasions (bravo indeed...).

Firstly I would say using the recorded evidence is not advisable. Reference the call by all means but you're opening a can of worms by even admitting you have a recording. Accusations of coaching, alienating, controlling, threatening, all sorts. I speak from experience.

Address relevant inaccuracies that pertain to your application in your position statement and say why they contradict facts but keep in mind to be brief and to the point. I'll work on the assumption that everything you point to as evidence is already in the courts possession.

"Coercive behaviour: The section 7 report has explored (one/many? you might have more than one) an occasion where my son has been coached to provide responses to questions from the social worker by his mother. I am concerned that there is a pattern of similar behaviour designed to undermine my role in my sons life and my relationship with him."

"Recommendation of contact going forward: I disagree with the recommendation the CAFCASS officer has made. I have had my son every weekend for 8 years prior to this case and was a protective factor during his involvement in a Child Protection plan last year owing to (insert issues); I have made this application for additional time with my son not only in line with what he has told me and the CAFCASS officer are his wishes, but in order to provide him with long term stability and to minimise the risk of further harm from his mothers (insert problems). I believe that any reduction in his time spent with me would be detrimental to his well-being and development and would place him at significant risk of harm."

These are just off the top of my head. Believe me when I tell you I fully understand the desire to pick apart every individual lie or inaccuracy and right every wrong, but do not get hung up on specifics. It may be a CAFCASS officers report, but you're at liberty to disagree with them. What I will say is it works a lot better if your interpretation of how things should be are supported somewhere official.

I wish you all the luck in the world.

Thank you for your response CJH, really helpful & insightful.

Much appreciated

It sounds like a very difficult situation.

Why has the Cafcass officer been discharged? In what sense? Has she left her job?

The court should be directing the officer to attend the hearing to give evidence.

You will have an opportunity to challenge the report in the hearings in some form or another or you would not have had a fair hearing.

Do you have permission to file any evidence at this stage?

Hi Yoda,

The court ordered that the cafcass officers work has finished once she makes report. They have said she does not need to attend court to give evidence-is this not normal? That is what she told me at my interview.

It seems i can write to Cafcass asap about any factual inaccuracies but anything after that will need to be with the judge.

I have sent loads of evidence as part of NMO hearing(which includes CIN reports) and it is all really supportive from police and social services. Somehow Cafcass have not got any information from CIN plan in 2016/2017 which details weekly contact and me as a protective factor reducing the risk of harm.

Some folks are saying i got a good report but i still am looking at 50% less than i had and son has missed every homework for the last 5 months. I had weekly contact for 8 years

If a report has been submitted to the Court, you have a right to question the author.

Thanks justdad

The next hearing is a directions hearing on 19th December.
Do you always get the opportunity to question the cafcass worker and if so is this done at a contested final hearing not directions hearing?

The correct way is for it to happen at a final hearing. You may find the Court don't ask CAFCASS to attend for directions but do so for the final,

Ultimately, any hearing is down to the judge - there is never any set format unless you get a jobsworth.

Make it known at the directions hearing that you wish to cross examine the CAFCASS FCA at the final.

Thank you justdad.

I will put it in a position statement as well bringing it up in court at directions hearing.

just need to get through NMO first...its like the grand national.

Just don't give away too much in that position statement. The other side will work feverishly to counter any questions or arguments in there so it might be wise to just say you have questions you would like to ask.

Showing your hand too early can often be detrimental.

Keep your position statement brief, no more than a couple of pages, to give a little more detail about background, concerns and what you would like the court to do.

All the best