Cafcass officers are considered to be professionals, and it is not uncommon for judges to expect litigants or their representatives to be courteous and measured when cross examining a Cafcass officer or a social worker.

But are there any special measures to be adopted when cross examining Cafcass officers?

The answer is no.

Section 16 of Criminal Justice and Court Services Act 2000 provides:

Therefore, where a Cafcass officer is giving evidence, they may be cross examined as any other witness would.

It is not uncommon for Cafcass officers or social workers to have undertaken assessments which are wholly inadequate and thereafter make poor recommendations.

However, before a report can be properly criticised at the end of a final hearing, it’s inadequacies must be “put” to its author through robust cross examination.

It is essential that any Cafcass officer is properly challenged as to the contents of their report.

How can that be done?

You should look out for the following:

• Bias: Has the caseworker given a view on a matter which is beyond their remit? I.e. concluded that abuse has occurred/ not occurred in the absence of any finding of the court.
• Welfare checklist: Has the caseworker properly considered the factors set out in the checklist at S.1(3) of the Children Act 1989?
• Relevant issues: Has the caseworker considered all matters relevant to a case? If they have ignored a key factor which is relevant to the welfare analysis, their recommendations are unlikely to be comreliable.

Zubair Mughal specialises in proceedings under the Children Act and Family Law Act. He is experienced in cross examining social workers and Cafcass officers.

He accepts instructions directly form the public under the public access scheme, also known as direct access.

To instruct Zubair to represent you at a hearing, or for family law advice, contact him through the contact page of this website.