The opinion of Cafcass guardians is more valued than that of local authority social workers in court, practitioners have said in response to a recent poll.
This follows guidance issued by Cafcass and the Association of Directors of Children’s Services on managing disagreements between the two groups of professionals over children’s best interests in care proceedings or deprivation of liberty cases.
The advice is aimed at helping practitioners explain to the court why their views on a child’s care plan or interim arrangements may fundamentally differ.
Only 17% disagreed with the sentiment.
‘Guardians always get the final say’
The findings were echoed in the comments on the related article, with council social workers criticising the weight given to guardians’ views, despite them seeing children "less often”.“Cafcass [guardians] will always get the final say but local authority social workers will receive the hatred and blame,” said Willow.
Nan added: “Guardians are seen as the know-it-alls, but they see the child less often.”
Little time spent with the child
Alice shared similar views, saying the court valued guardians’ opinions more even when they saw children “two or three times during the whole proceedings”.“They get the thanks from the judge, while social workers barely get an acknowledgement. Until the court views both as [equal] professionals, the guardians will always think they hold the power,” she added.
Pauline O’Reggio also expressed concerns about the weight accorded to guardians' views.
“Their decisions are held above that of the social worker, who will have more insight and contact with the child and family - this is worrying practice in my opinion!!”
She added that social workers were expected to share their notes while guardians, who also often had quicker access to new information, were not.
Meetings to discuss disagreements
According to the new guidance, guardians and social workers should meet and discuss their assessments during proceedings.If they fundamentally disagree over a child’s care plan, practitioners should seek supervision to reflect on their positions before convening a meeting, attended by the two professionals, the service manager and the independent reviewing officer, where appointed.
However, social worker Suzy Shaw reported that guardians often failed to share their final decisions with social workers.
“How are you supposed to hold a meeting to discuss these differences in these circumstances?” she said.
'A good step towards a safer process'
Pauline O’Reggio called the guidance a "good step" towards a safer and more child-focused process, though stressed that both professionals' plans should receive the same level of scrutiny as they had a "knock-on effect" on each other."The guidance would address different views and disagreements which would provide transparency and balance of information," she added.
"All professionals must be open about all the information they hold, views and differing points in respect of the child’s individual needs. This in my opinion may reduce delay and less cross examination at the final hearing."
Cafcass guardians praised for outstanding practice
In Cafcass' 2024 Ofsted inspection, which rated it "outstanding", its guardians were commended for placing children at the forefront of their practice and for the quality of their direct work, assessments and safeguarding practice.Inspectors further praised the high quality of their reports and their “sensitivity, tenacity and care” in building “trusting relationships” with children, seeing them as often as possible to establish their wishes and feelings, which was done “impressively quickly”.
