Let’s imagine, you are in court proceedings, a S7 report was ordered and you have received it and you are not happy with the contents. We would suggest remaining calm and not immediately firing off an email or making a call but go through the report carefully and note down your areas of concern. Perhaps after that write a clear and concise email setting out your issues to the CAFCASS officer, particularly if there have been new developments since the investigation was undertaken.
It is always sensible to be open, honest and respectful towards the CAFCASS officer. Sometimes going through the court process causes emotions to run high and sometimes people do not explain or put themselves across in the appropriate manner. If you take issue with the report then you should ask the court for an Order allowing you to write a written statement in response to the report, if this has not already been ordered. You should set out clearly what you agree with, what you disagree with and your clear reasons, along with any factual errors or updates that may assist the court.
Firstly consider – are you not happy because you don’t like their recommendation or are you not happy because the report does not truly reflect the situation; there are errors; there have been further incidents or issues since you met with the CAFCASS officer that obviously have not been included or that your accounts and responses have not been set out in the manner that you intended them. If those are your concerns then yes you can raise your objections and oppose the content and recommendations of the report. Remember the s7 report is there to help the judge or Magistrates decide what children law orders are in the best interests of the child.
Remember, It is your case and your children that the report concerns and therefore you are fully entitled to ensure it is an accurate reflection of the situation and to draw any errors or discrepancies to the courts attention. If you do not agree with the recommendations then the court will usually order the CAFCASS officer to attend a final hearing in order to be cross examined on the contents of their report and explain how they reached their conclusions.
If you have proof that clearly contradicts the Cafcass Officers recommendations then this should be included in your responses and sent to the court as evidence to be considered.
The courts are likely to rely on the recommendations of the S7 report but they do not always have to and that is why it is important to set out your responses and objections as soon as possible and in a clear and factual manner.
If you are representing yourself in the family courts and require some support and assistance with regards to preparing applications, statements and preparation for court then please know you are not alone and FLPS can work with you.