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Cafcass letter - incorrect and incomplete

  • estranged_father
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03 Sep 12 #353558 by estranged_father
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I have a Directions hearing in 1 week. Cafcass have written theri letter to the court with the necessary background checks etc.

In 2008 i was arrested for an assult allegation. This was investigated by the police and social services. All of this is reflected in the CAFCASS letter.

However the letter only mentions i was arrested, it doesnt mention that the police concluded it was malicious intent by the mother or that social services had not concerns.The way in which cafcass have paraphrased is very misleading and is not a true reflection.

Do i have any options, my barrister will rip them to shreds next week as the finding of fact in 2008 explains all this but they have refused to amend the letter despite achknowledging it is incorrect.

Please advise, thanks.

  • Fiona
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03 Sep 12 #353569 by Fiona
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I would leave it to your barrister. Usually the best place to challenge a CAFCASS report is in court.

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03 Sep 12 #353580 by u6c00
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Do phone the CAFCASS officer before the hearing and clarify that they will be attending the hearing. My officer simply forgot to turn up which left all the questions about her report unanswered.

  • Singledad1
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05 Sep 12 #353878 by Singledad1
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Had a very similar experience and succeeded with a very astute barrister. The most valuable advice was...dont criticise the officer, criticise their work. Its very common for these "pretend" experts to file Absolute drivel in court. They are not to be confused with those who have a genuine care for safeguarding a child and by definition their views will be biased when asked to provide a report in court. I totally agree with ensuring attendance, preferably in writing.

Also try to be very accurate in recounting your interview with them to your barrister as they do tend to lie in court ALOT. They think its because they have to defend their work (even if its rubbish). This is usually the stance of any expert - though real experts dont usually lie - because not to defend it is to come to terms with their mediocrity. Cafcass can and do lie in court to defend their position which can come as quite a shock. So if they have gone against you then they will lie about small but important details to justify their drivel. Their attack on you will be personal, especially if they have gone to such lengths to file an erroneous report.

My barrister actually got the SW (not cafass) to change her view on the stand which demonstrates the low integrity of the person and the quality of her work. She did shock me by telling factual lies in court. Good luck mate.

  • rugby333
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05 Sep 12 #353894 by rugby333
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Fiona gives good advice: leave it to your barrister. The judge will take a very dim view of any report by CAFCASS that leaves out major, salient and relevant details. Put simply it means the judge will question in his mind the conclusions of the report.

More importantly, what contact (if any) is CAFCASS recommending?

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05 Sep 12 #353962 by estranged_father
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Update - after escalating this to the CAFCASS management they have written a followup letter with the additional information, although they do not retract the original its the best i could get (my barrister will do the rest)

thanks guys

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