The Domestic Abuse Act 2021 introduced a broad statutory definition of domestic abuse, expressly including emotional and psychological abuse.

The procedure to be followed in family law cases is set out in the Family Procedure Rules and practice directions. Practice Direction 12J (‘PD12J’) applies in child arrangement proceedings where there are allegations or risk of domestic abuse. PD12J applies the definition of domestic abuse used in the Domestic Abuse Act, so includes psychological and emotional abuse. In such cases, PD12J sets out the steps the courts must take in order to assess risk and ensure that any decisions about arrangements for a child are safe and in a child’s best interests.

The Government is committed to rolling out Child Focused Courts nationally within the next three years. The Child Focused model embeds referrals to local, specialist domestic abuse support services when domestic abuse is raised as an issue in the case. An Independent Domestic Violence Adviser (IDVA) delivers specialist, victim-centred emotional and practical support to victims of domestic abuse. Under the model, the IDVA also undertakes a risk assessment and provides the court with expert insights into the risks of domestic abuse in the case.

Cafcass’ domestic abuse practice policy came into force in September 2024 and sets out the actions for Cafcass practitioners and managers to take when working with children and adults who have experienced domestic abuse. The policy refers to the relevant sections of PD12J, referencing emotional and psychological abuse.

There have been no successful compensation claims made against the Children and Family Court Advisory and Support Service (Cafcass) as a result of legal action in each of the last five years.

Any compensation payments made by Cafcass outside of legal claims (for example, data breach settlements) can be found in Cafcass’ Annual Report and Accounts.

The Children and Family Court Advisory and Support Service (Cafcass) is a national service operating across England, rather than locally commissioned provision. The service already covers all areas of the country, including Torbay, through a regional operating model.

Cafcass provides learning for all colleagues on recognising and reflecting on bias as part of its wider approach to equality, diversity and inclusion. All colleagues are required to complete mandatory Equality, Diversity and Inclusion (EDI) e‑learning, alongside training entitled Exploring the Impact of Bias, which supports reflection on how personal assumptions and bias can affect professional judgement in work with children and families.

As with all considerations within the Family Court, Cafcass’s primary focus is the best interests and welfare of the child, rather than the interests or viewpoints of parents. Cafcass guidance and practice therefore focuses on assessing what is safe and promotes a child’s welfare, rather than balancing parental rights or perspectives or seeking neutrality between parents.

Cafcass works through a relationship‑based practice framework, Together with Children and Families, which prioritises and values the development of trusting relationships to enable sensitive and complex work with children and families. The framework encourages listening, understanding, clear reasoning, respect and integrity.

In all advice to the Family Court, Family Court Advisers are required to observe Cafcass’s statutory responsibility to safeguard and promote the welfare of children in family proceedings. This includes assessing children’s safety, understanding the harm they have experienced and the risk of further harm in existing and future contact arrangements. The advice provided to the court and the report that is filed are based on this assessment and what is safe and in the best interests of the child.

Cafcass provides learning for all colleagues on recognising and reflecting on bias as part of its wider approach to equality, diversity and inclusion. All colleagues are required to complete mandatory Equality, Diversity and Inclusion (EDI) e‑learning, alongside training entitled Exploring the Impact of Bias, which supports reflection on how personal assumptions and bias can affect professional judgement in work with children and families.

As with all considerations within the Family Court, Cafcass’s primary focus is the best interests and welfare of the child, rather than the interests or viewpoints of parents. Cafcass guidance and practice therefore focuses on assessing what is safe and promotes a child’s welfare, rather than balancing parental rights or perspectives or seeking neutrality between parents.

Cafcass works through a relationship‑based practice framework, Together with Children and Families, which prioritises and values the development of trusting relationships to enable sensitive and complex work with children and families. The framework encourages listening, understanding, clear reasoning, respect and integrity.

In all advice to the Family Court, Family Court Advisers are required to observe Cafcass’s statutory responsibility to safeguard and promote the welfare of children in family proceedings. This includes assessing children’s safety, understanding the harm they have experienced and the risk of further harm in existing and future contact arrangements. The advice provided to the court and the report that is filed are based on this assessment and what is safe and in the best interests of the child.

Cafcass provides learning for all colleagues on recognising and reflecting on bias as part of its wider approach to equality, diversity and inclusion. All colleagues are required to complete mandatory Equality, Diversity and Inclusion (EDI) e‑learning, alongside training entitled Exploring the Impact of Bias, which supports reflection on how personal assumptions and bias can affect professional judgement in work with children and families.

As with all considerations within the Family Court, Cafcass’s primary focus is the best interests and welfare of the child, rather than the interests or viewpoints of parents. Cafcass guidance and practice therefore focuses on assessing what is safe and promotes a child’s welfare, rather than balancing parental rights or perspectives or seeking neutrality between parents.

Cafcass works through a relationship‑based practice framework, Together with Children and Families, which prioritises and values the development of trusting relationships to enable sensitive and complex work with children and families. The framework encourages listening, understanding, clear reasoning, respect and integrity.

In all advice to the Family Court, Family Court Advisers are required to observe Cafcass’s statutory responsibility to safeguard and promote the welfare of children in family proceedings. This includes assessing children’s safety, understanding the harm they have experienced and the risk of further harm in existing and future contact arrangements. The advice provided to the court and the report that is filed are based on this assessment and what is safe and in the best interests of the child.

Cafcass does not record structured data in its complaints case management system to enable reporting on how many complaints have been made against Cafcass in each of the last five years alleging (a) discrimination and (b) bias against fathers; and how many such complaints were upheld.

This information is not recorded centrally, and the data would only be available from individual case file review at a disproportionate cost.

The requested information is not held centrally by the Department or Cafcass. It may be held in court records, but to determine that and obtain it would require an analysis of individual case files at a disproportionate cost.

We are committed to ensuring that the family justice system delivers safe outcomes that support children to succeed and thrive. The welfare checklist ensures that courts consider, among other things, the quality of the child’s relationship with each parent when making decisions about who a child should live or otherwise spend time with, irrespective of the gender of the parent. Family Courts will continue to support children having a relationship with both of their parents where such involvement is safe, meaningful and positive for the child.

The requested information is not held centrally by the Department or Cafcass. It may be held in court records, but to determine that and obtain it would require an analysis of individual case files at a disproportionate cost.

We are committed to ensuring that the family justice system delivers safe outcomes that support children to succeed and thrive. The welfare checklist ensures that courts consider, among other things, the quality of the child’s relationship with each parent when making decisions about who a child should live or otherwise spend time with, irrespective of the gender of the parent. Family Courts will continue to support children having a relationship with both of their parents where such involvement is safe, meaningful and positive for the child.

The requested information is not held centrally by the Department or Cafcass. It may be held in court records, but to determine that and obtain it would require an analysis of individual case files at a disproportionate cost.

We are committed to ensuring that the family justice system delivers safe outcomes that support children to succeed and thrive. The welfare checklist ensures that courts consider, among other things, the quality of the child’s relationship with each parent when making decisions about who a child should live or otherwise spend time with, irrespective of the gender of the parent. Family Courts will continue to support children having a relationship with both of their parents where such involvement is safe, meaningful and positive for the child.

The requested information is not held centrally by the Department or Cafcass. It may be held in court records, but to determine that and obtain it would require an analysis of individual case files at a disproportionate cost.

We are committed to ensuring that the family justice system delivers safe outcomes that support children to succeed and thrive. The welfare checklist ensures that courts consider, among other things, the quality of the child’s relationship with each parent when making decisions about who a child should live or otherwise spend time with, irrespective of the gender of the parent. Family Courts will continue to support children having a relationship with both of their parents where such involvement is safe, meaningful and positive for the child.

This Government engages with a wide range of stakeholders across the family justice sector to inform policy development.

Further information on meetings between Ministers, senior officials and external organisations is published in the Department’s quarterly transparency returns, in accordance with the Government’s transparency requirements. These are available at: https://www.gov.uk/government/collections/moj-gifts-hospitality-travel-and-meetings.

The Government does not have plans to commission an independent review of the work of Cafcass.

Cafcass operates independently and is subject to robust oversight and assurance arrangements, in line with the Arms-Length Body Code of Practice and its Framework Document with the Ministry of Justice.

Cafcass is also regularly inspected by Ofsted and was rated “outstanding” at its most recent full inspection in January 2024. The key findings of the Ofsted report are available here. Ofsted has also undertaken more recent focused work, including on private law cases involving domestic abuse, with findings published in October 2025, which are published here.

The Government expects Cafcass to ensure that all children and families are treated fairly and impartially, and that recommendations to the courts are based on the best interests of the child.

Over the last two years as Cafcass has been developing its domestic abuse policy and updating its guidance, it has worked with key partners, including fathers’ groups.

In addition to this, Cafcass works with external organisations to support the development of its domestic abuse policy and the child impact and assessment framework. This includes engagement through the Domestic Abuse Practice Reference Group. This group, established in November 2023, includes specialist domestic abuse expertise and individuals with lived experience. The group is co‑chaired by the Family Justice Young People’s Board and the domestic abuse charity SafeLives. SafeLives is a charity focused on survivors of domestic abuse regardless of the gender of either the victim or the perpetrator.

Cafcass works in partnership with SafeLives, including through seconded specialist advisers, to inform ongoing practice improvement. The Government has not undertaken an assessment of the adequacy of the balance of Cafcass’ stakeholder representation.

Senior leaders engage regularly with the Domestic Abuse Commissioner and her team.  As part of its commitment to learning from practice, Cafcass managers and leaders will meet with adults and children in proceedings if it is considered appropriate. This could include as part of complaints resolution, audit feedback and/or in response to an incident where the quality of practice is considered to have been less than good.

Neither Cafcass nor the Ministry of Justice has entered into any contracts, awarded grants, or commissioned research projects in connection with the revision of domestic abuse practice frameworks since 2016.

Over the last two years as Cafcass has been developing its domestic abuse policy and updating its guidance, it has worked with key partners, including fathers’ groups.

In addition to this, Cafcass works with external organisations to support the development of its domestic abuse policy and the child impact and assessment framework. This includes engagement through the Domestic Abuse Practice Reference Group. This group, established in November 2023, includes specialist domestic abuse expertise and individuals with lived experience. The group is co‑chaired by the Family Justice Young People’s Board and the domestic abuse charity SafeLives. SafeLives is a charity focused on survivors of domestic abuse regardless of the gender of either the victim or the perpetrator.

Cafcass works in partnership with SafeLives, including through seconded specialist advisers, to inform ongoing practice improvement. The Government has not undertaken an assessment of the adequacy of the balance of Cafcass’ stakeholder representation.

Senior leaders engage regularly with the Domestic Abuse Commissioner and her team.  As part of its commitment to learning from practice, Cafcass managers and leaders will meet with adults and children in proceedings if it is considered appropriate. This could include as part of complaints resolution, audit feedback and/or in response to an incident where the quality of practice is considered to have been less than good.

Neither Cafcass nor the Ministry of Justice has entered into any contracts, awarded grants, or commissioned research projects in connection with the revision of domestic abuse practice frameworks since 2016.