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Unfairly biased CAF...
 
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[Solved] Unfairly biased CAFCASS report

 
(@Planetchaos77)
Active Member Registered

We really need some advice yet again about the dreadful way in which CAFCASS are dealing with my partners case.
He is applying for direct contact but the CAFCASS officer has written the most scathing report possible and she is very biased against my partner and she has not based the report on facts but on her own opinion and she has also made up quite a few lies.
She has lied about how both him and myself conducted ourselves during the interview. She said I was visibly upset and distressed which is completely untrue. She has said that he seemed like he was lying, saying what she wanted to hear and not being genuine and has brought up convictions from his past that are unlinked to his relationship with his son and ex partner and because he was on probation for something unlinked and was deemed "medium risk" of reoffending, she has written it into the report as him being a risk to his son and ex partner although this is not the case. I could go on and in as there are so many things she has done wrongly.
This is very complex and there have been numerous false allegations from his ex which everybody is taking as fact despite him not being convicted and there being cctv evidence of her lying to the police. Still all the organisations are acting like he's guilty.
The CAFCASS officer conducted herself most unprofessionally and interrogated him in a second interview about his demeanour and said he was on drugs which he categorically isn't!
We are at our wits end with this now and he is already very upset at not seeing his little son for over a year. This is all making it take forever.
At the end of the report she has said that she recommends that he is too high a risk to see his son and to send letters and cards via a solicitor. His son is only 2 years old and cannot read! His mother would only dispose of the letters and gifts anyway which she has done in the past.
We are going to make a formal complaint and demand another report is done taking the actual facts into account from both sides and not biased - will this be accepted by the court? We are so upset, confused and worried about this and would appreciate any advice you could give.
Thanks for reading this.

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Topic starter Posted : 23/10/2015 1:52 pm
 Yoda
(@yoda)
Famed Member

Hi, I'm sorry to read this.

Having read Mojo's reply to your previous post, the same advice would apply when addressing this report to the court. If you do not have permission to file a statement (have a look at the directions from the previous hearing) I would also advise writing to the court and asking for permission to file one where you can deal with challenging the report and recommendations step by step.

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Posted : 23/10/2015 2:05 pm
(@Planetchaos77)
Active Member Registered

Thank you so much for your reply. We will definitely do as you suggest and ask permission to file a statement..I've just been looking through some other posts and I'm appalled to see how many other Fathers seem to be in this same situation. :boohoo:

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Topic starter Posted : 24/10/2015 1:56 am
(@antlen)
Estimable Member Registered

If you need a template of how to respond to Cafcass report. I have my repsonse I used agaisnt Cafcass which I am more than happy to share with you.

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Posted : 26/10/2015 3:00 pm
 Dec
(@Dec)
Reputable Member Registered

I have made two complaints against Cafcass officers. Both complaints were dismissed and I was told the stuff I complained about had to be challenged in court rather than through the complaint procedure.

I will say though since I made the complaint the Cafcass officers have been excellent. No doubt their managers had a word with them in quiet. Now they respond to every text and email and in their reports they now only comment on facts rather than speculation.

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Posted : 31/10/2015 4:22 am
(@tmo2382)
New Member Registered

Hi there, I must say a very big thank you for your post. I too will share my long and tuff battle with the rest of the community when I get a chance. I just thought I'd let you know that I read your post a few months ago and took your advice on filling a complaint against Cafcass. As they did with you they replied to my complaint stating that everything had been done correctly and if I wanted to challenge any part of the report I had to do so in court. Fortunately for me the court asked for an adendam to the report as it was said to be ambiguous. Following my complaint letter there was a complete change of recommendations and I won my case. As BT use to say, "it's good to talk". Thanks again

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Posted : 22/10/2016 1:26 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

Thanks for sharing your own experience of CAFCASS, I'm really glad that you were able to turn things around and I'm looking forward to hearing more of your journey. I actually think it shows that the system worked in your case, as it does for the majority of people. A CAFCASS report isn't the end game and can be challenged in court with success.

Whilst there are some that have a bad experience with CAFCASS, this isn't the case for everyone and there are cases of CAFCASS tackling hostility from the mother and being pro active in facilitating contact in very difficult circumstances. Whilst my own experience of them was not so great, since working with fathers I have seen many a good CAFCASS officer going the extra mile and making a difference.... But as in life, it's always the bad ones that are talked about.

It's easy to judge on ones own experiences, but it's not reflective of the system as a whole. I think we have to remember that there have been huge cuts in resources and cut backs of staff, who are often under immense pressure. I'm no champion of CAFCASS and the court system, I readily admit there are flaws and limitations, but it's all we have and I would always advocate working with them and going into it with an open mind...it's not helpful to demonise them all because of the actions of a few.

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Posted : 23/10/2016 2:21 pm
(@Planetchaos77)
Active Member Registered

Thank you so much for all of your replies and input.
It's been over a year since I posted the original question and we are not much further forward. We were advised by our barrister not to complain directly to CAFCASS but to wait until the final hearing where the CAFCASS officer can be cross examined.
In the meantime my partner has only been granted unsupervised contact which is disgusting considering his son is only 3 years old and with every passing day is forgetting who his Father even is as he's not seem him since he was about 18 months old - he is nearly 4 now.
It is heartbreaking and due to his malicious ex making up horrific false allegations of rape, domestic violence, sexual abuse - despite my partner not being charged - CAFCASS have taken her word over his and made him attend a DVPP Course - which has taken around 7 months as they kept cancelling sessions. They would not set a date for the directions hearing until the course had finished, which it just has and now he has to ask for interim contact pending the final hearing. This CAFCASS officer has effectively made my partner wait another year to even get close to the prospect of seeing his son.
I am just hoping and praying that the outcome is worth this horrible delay and that we have done the right thing not complaining straight away.
Thanks again for all of your help

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Topic starter Posted : 25/11/2016 7:56 pm
 Yoda
(@yoda)
Famed Member

Thank you for coming back and updating us. So sorry to hear that it has been such a difficult year. It does sound like you are nearing the end now and hopefully the barrister will be able to cross examine the CAFCASS officer and discredit the report.

Wishing you all the best.

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Posted : 26/11/2016 1:02 am
 Mojo
(@Mojo)
Illustrious Member Registered

This has been a terrible ordeal for you all, as Yoda says, hopefully the end is in sight and your barrister can set the record straight when given the opportunity to show the CAFCASS officer for what they are.

Thank goodness the child in the middle of all of this is still young enough to get past this break in his relationship with his father. It's my sincere hope that things will work out and you can all put this terrible time behind you and move forward together.

All the best

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Posted : 27/11/2016 6:22 pm
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