Navigating family court proceedings can feel overwhelming, and it can be challenging to separate yourself from the emotional impact of the many steps that form part of these proceedings.
One element of children proceedings that our clients often tell us is particularly worrisome is the Section 7 assessment and report.
This article outlines what a Section 7 assessment is, why it is important, how to prepare for it, and how to show that you have your children’s best interests at heart.
What is a Section 7 report and assessment?
A Section 7 report and assessment is a process carried out by CAFCASS or Social Services which focusses on children’s welfare. It is designed to ensure that their best interests are at the heart of every decision and to identify what arrangements will best meet their needs.
During children proceedings in court, Judges and Magistrates often order CAFCASS or Social Services (if they are already involved), to undertake a section 7 assessment and report. They aren’t always ordered, but they can be if the court believes the welfare of children needs to be investigated.
It can take months for a report to be commissioned, for the investigation to take place and for a report to be compiled and sent to court and the parents.
Although parents have no ability to influence who conducts their assessment and writes their report, it is helpful to know that the officer involved stands as the ‘eyes and ears’ of the court and, commonly (but not always) their recommendations will be crucial in deciding the right course of action in the case.
CAFCASS officers and Social Workers are (like Judges and Magistrates) just people. They are commonly accused of bias but they are constrained by the law and the way our society is set up. In other words, they must examine the best interests of children, not their parents.
Why it’s important to be prepared for a Section 7 assessment
Section 7 officers see thousands of parents every year and they are very sensitive to how parents behave in interviews. The court process is not set up to encourage conciliation and compromise so parents can become pre-occupied with ‘fighting’, ‘winning’ and losing calm and focus on what is important. As a result, rightly or wrongly, as the assessment starts, they will quickly form a view of who they think is the problem parent and who is the more reasonable person.
If one parent works and the other doesn’t, for example, this can convey a natural advantage to the person who stays at home, as they can have more day-to-day time with children and more ability to be flexible.
How to prepare for a Section 7 assessment
It is vital to approach the whole process calmly. Remember that the officer (no matter what has happened) is looking to assess who the reasonable parent is within the dynamic. So, if you are going to be visited at home, tidy your accommodation and be ready to explain where the children can/will sleep, play and how your home is child appropriate.
It can help to put together a printed sheet setting out key points, and to have on hand important documents you want them to see. It is also a good idea, when they have left, to write out exactly what you were asked and what you said, in case important comments aren’t reflected in the eventual report. Don’t make notes during the meeting or ask to record it, as this can appear obsessive, defensive and controlling,
During the assessment
One of the most important skills is to treat the Officer with the utmost respect, and as the expert in the case. Ask them for their thoughts on aspects of the case, don’t tell them. Acknowledge the importance of their role.
Don’t use the assessment as a counselling session, or make demands, exaggerate, berate the other parent, argue your points, get angry or discuss your rights.
Always keep in mind that the court will be considering the child’s rights to see their parents, not the other way around. If you try to dictate what you think should happen according to what you think you are entitled to, you risk informing the officer that you aren’t seeing life (or your responses) through the lens of what is best for your children.
Try not to allow the emotional aspects of what has happened between you and the other parent, or the impact of the court proceedings, to colour your responses.
Remember, ask, don’t tell.
Be child-centric
It is best to be completely honest and open in your responses. Call your co-parent by name. If you can, one of the most powerful ways of communicating that you are child-focussed is to compliment your former partner if you think they are good at aspects of parenting. It demonstrates that you aren’t blinded by litigation into viewing them as anything other than an important part of your children’s lives. Be as positive as you think you can.
In looking through the lens of your children’s best interests, you may want to talk about the depth of your relationship and how you want the best for them. What do they love doing – and how have you shaped their lives so far? Talk about their needs as you see them.
You can then broach the subject of the assessment by asking the officer how they see your relationship with the children progressing. Ask for their help and advice and let them know what you can do to support their proposals. Say you want to work with them and the other parent.
There are limitations to what you can achieve in an assessment. If you sense the Officer has deeply entrenched views, this is probably not the opportunity to try to challenge them because it is unlikely you will change them. You are concentrating on their recommendations in your case.
When the report is produced, if the news isn’t all good, it can be tempting to criticise all errors made. If you do, concentrate on only those which are material to your children, or you could again mark yourself out as being bitter and obsessive.
Section 7 reports aren’t always completely followed by the court, but life is going to be much easier if you agree with their recommendations, so keeping the officer onside at all times helps to make sure that they see you as the easy option for practical arrangements moving forward.
If you need help with any aspect of family law contact our family law team at Whitehead Monckton today.
