Law Articles

Cafcass Introduces New Domestic Abuse Practice Policy with Far-Reaching Implications for Family Court Proceedings 08/05/2025

On 9 October 2024, the Children and Family Court Advisory and Support Service (Cafcass) published a landmark domestic abuse practice policy, introducing significant changes to the way domestic abuse cases are assessed and managed within the Family Court system. The policy, designed with a strong child-focused lens, is being recognised as a pivotal development in the protection of children and adult victims involved in private and public law family proceedings.

This new policy is more than just a procedural update. It reflects a comprehensive shift towards trauma-informed, consistent, and evidence-based practice across Cafcass. The goal is clear: to better identify and respond to domestic abuse and its often devastating impact on children.

At the heart of the policy lies the Domestic Abuse Practice Pathway - a structured framework developed to support Family Court Advisers (FCAs) in assessing the presence and impact of domestic abuse. This pathway standardises how practitioners identify risk, understand harm, and recommend safeguarding measures. It reinforces the legal and ethical principle that the welfare of the child is paramount, in line with the Children Act 1989.

The Practice Pathway enables practitioners to map out a case with greater clarity, from the initial referral through to court reporting and final recommendations. It helps FCAs to explore the history and patterns of abuse, including physical violence, emotional abuse, coercive control, financial abuse, and neglect. Importantly, it places emphasis not only on what has occurred in the past but also on the potential for future harm.

This marks a significant step in ensuring that FCAs conduct thorough, holistic assessments that consider the lived experiences of both children and adult victims. The policy ensures that the language used reflects those experiences directly. Practitioners are now encouraged to quote children's and survivors’ words verbatim, avoiding minimising terms like "claims" or "alleges," which may undermine the credibility of disclosures.

To implement this new approach effectively, Cafcass has launched a mandatory Domestic Abuse Learning and Development Programme for all its practitioners. This training module is not a one-off; rather, it’s designed as a continuous professional development initiative that ensures all FCAs are equipped with up-to-date knowledge and skills.

The programme covers a wide array of essential topics, including:

• Recognising signs and patterns of domestic abuse
• Understanding the dynamics of coercive and controlling behaviour
• Identifying the direct and indirect impacts of abuse on children • Responding to trauma and stress responses in adult survivors and children
• Cultural competency and consideration of how abuse may manifest differently across diverse communities

Each practitioner is also required to create a Domestic Abuse Personal Learning Plan tailored to their needs and learning journey. This reflective tool encourages individual responsibility for growth and accountability in practice.

By embedding these learning standards into the core of Cafcass’s work, the organisation is demonstrating its commitment to raising the bar in how domestic abuse is addressed in court assessments.

Implications for Family Court Cases

The new policy has wide-reaching implications for the Family Court system. Most significantly, it is expected to improve the quality, accuracy, and consistency of assessments and recommendations submitted to the court.

By providing a clear framework for identifying risk, the policy ensures that all relevant evidence is properly considered, particularly in situations where a history of abuse may have previously been downplayed. For example, where one parent is seeking contact with a child despite a background of abuse, FCAs are now instructed to take a “starting point” position that prioritises the child’s safety. Where abuse is substantiated—such as convictions for serious offences or evidence of coercive control—recommendations for contact must be fully justified, with child safety and well-being as the foundation of any proposal.

The policy also aims to enhance consistency in practice across the country, addressing previous criticisms that outcomes for children in similar cases could vary depending on the region or individual FCA involved. A standardised framework ensures that all children, regardless of background or case complexity, receive the same level of protection and thorough consideration.

Challenges

As with any major policy shift, the implementation of the new domestic abuse framework is not without its challenges. One of the most pressing concerns is ensuring that all practitioners receive adequate training and support to apply the pathway confidently and competently. This means investment not only in training resources but also in supervision, peer support, and ongoing professional development.

Another challenge lies in ensuring effective inter-agency collaboration. Safeguarding children in domestic abuse cases often involves multiple stakeholders, including local authorities, police, healthcare professionals, and domestic abuse services. For the Cafcass policy to succeed, clear and timely communication between agencies is essential. Integrated working arrangements must be strengthened so that children and families do not fall through the cracks of a fragmented system.

Aligning with Legal Frameworks

Cafcass’ updated policy is firmly rooted in the existing legal framework. It aligns with the Children Act 1989, which mandates that the child's welfare must be the court’s paramount consideration, and the Criminal Justice and Court Services Act 2000, which reinforces the responsibility of safeguarding children. The new policy supports practitioners in fulfilling these statutory obligations while elevating the standard of care in domestic abuse-related cases.

Looking Ahead

While challenges remain, the benefits of the new domestic abuse policy are clear. By improving how abuse is identified, assessed, and managed, the policy ensures that children are better protected, and that their experiences and voices are genuinely considered. It also empowers FCAs with the tools and support they need to make informed, sensitive, and protective recommendations to the courts.

This new practice framework represents a critical evolution in how the Family Court system addresses domestic abuse. As the policy is implemented and reviewed over the coming year, it is hoped that it will lead to safer outcomes for children and families and a more consistent, survivor-informed approach to safeguarding. 

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation.