If you're involved in family court proceedings about your children, you may be told that the court has ordered a Child Impact Report. For many parents, this can sound daunting, especially if you've never been through the process before.
A Child Impact Report is designed to help the court understand your child's circumstances, wishes and needs so it can make decisions that are in their best interests. Here's what you need to know about when a report is ordered, what it involves and what happens next.
Child Impact Report at a glance
A Child Impact Report helps the family court understand:
- Your child's wishes and feelings.
- Their physical, emotional and educational needs.
- Any safeguarding or welfare concerns.
- The impact any proposed arrangements may have on their wellbeing.
- What arrangements are likely to be in their best interests.
The report is usually prepared by Cafcass (Children and Family Court Advisory and Support Service) or the local authority and provides independent recommendations to help the court reach a decision.
When is a Child Impact Report ordered?
The Child Focused Court procedure applies to Children Act applications made under Section 8 in the pilot areas.
This includes applications for:
- Child Arrangements Orders
- Specific Issue Orders
- Prohibited Steps Orders
- Applications to vary or discharge these orders
- Applications to enforce a Child Arrangements Order
In many cases, a Child Impact Report is ordered at the very beginning of proceedings, shortly after the application has been made.
Once the court has directed that a report should be prepared, Cafcass or the local authority will contact the parties to gather information.
What happens during a Child Impact Report?
The purpose of the report is to give the court a clear picture of your child's life, needs and circumstances.
The court may ask the report to focus on specific issues, such as:
- Allegations of harm
- Your child's emotional or physical needs
- The impact that proposed changes may have on their daily life and wellbeing
To build this picture, the professional preparing the report may:
- Speak with each parent or carer
- Meet with your child, depending on their age and understanding
- Contact your child's school, GP or other professionals involved in their care.
- Carry out checks with the police and children's services
- Gather information from other professionals where appropriate
Many parents worry that their child will be asked to choose between them. That is not the purpose of the meeting. If a child is spoken to, the aim is simply to understand their wishes, feelings and experiences in an age-appropriate way so the court can better understand their needs.
What does a Child Impact Report include?
Every report is different, but it is likely to consider:
- Your child's wishes and feelings, taking account of their age and understanding
- Their physical, emotional and educational needs
- The likely impact of any changes to their circumstances
- Their age, background and any other relevant characteristics
- Any harm they have experienced or may be at risk of experiencing
- Each parent's ability to meet their needs
- Information gathered from schools, healthcare professionals and other agencies
- Any interventions that have taken place
- The views of everyone involved in the case
- Recommendations about the arrangements that would best support your child's welfare.
The report may also recommend further steps the court should take before making a final decision.
What happens if domestic abuse is raised?
If the professional preparing the report believes there may be a risk of domestic abuse, or if concerns are disclosed during the process, they may recommend that a specialist risk assessment is carried out.
Each pilot area has a local domestic abuse support service that works alongside those preparing Child Impact Reports.
The service will assess the level of risk to both the individual and the child before sharing its findings with the report writer. Where appropriate, ongoing support may also be offered throughout the court proceedings.
What happens after the report is completed?
Once the Child Impact Report has been submitted, a Judge or Legal Adviser will review it and decide what should happen next.
Depending on the circumstances, the court may:
- Make an interim order while the case continues
- List the matter for a further hearing
- Request additional evidence or assessments
- Arrange support from an Independent Domestic Violence Adviser or domestic abuse support worker where appropriate
In most cases, both parties will receive a copy of the report. However, if there are safeguarding concerns or a risk of harm to a child or another person, some or all of the report may not be shared.
The Child Impact Report process
Although every case is different, the process will usually follow these steps:
- A Children Act application is made.
- The court orders a Child Impact Report.
- Cafcass or the local authority contacts those involved.
- Information is gathered from the parties and relevant professionals.
- The child may be spoken to if appropriate.
- The report is submitted to the court.
- The judge considers the recommendations and decides the next steps.
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