What the New Cafcass Domestic Abuse Policy Means for Families

What is the Domestic Abuse Practice Policy?

Cafcass has launched its new Domestic Abuse Practice Policy, marking a significant shift in how domestic abuse is assessed and responded to in private law family proceedings. The updated policy, which came into effect in October 2024, sets out how officers should identify and respond to harm and is supported by 42 detailed Domestic Abuse Practice Policies that guide practitioners through specific scenarios and areas of concern. It is intended to bring a more consistent, transparent and child-centred approach to how Cafcass officers handle cases where domestic abuse is raised.

The main area of focus of the policy regards a commitment to improving how Cafcass understands and identifies harm. This includes recognising all the different types of abuse, such as coercive and controlling behaviour, and placing a greater focus on how harm affects the child.

Key Changes to Cafcass Practice

Under the new Domestic Abuse Practice Policy, Cafcass officers are expected to take a more structured and trauma-informed approach to information gathering. Rather than relying solely on parental allegations and counter-allegations, officers must now explore how a child has experienced any harmful behaviours and how these may impact their safety, wellbeing and future relationships.

Another shift is the introduction of a clearly defined three-stage framework for analysing harm. This starts with identifying harmful behaviour, followed by understanding how it has affected the child, and ending with a professional judgment on whether it should influence decisions about contact or living arrangements.

This more structured framework is intended to guide officers in making balanced, evidence-informed recommendations. It also aligns with Cafcass’s broader aim of ensuring that children’s voices are better understood and represented in court.

A Child-Centred and Proportionate Approach

The policy also puts a strong focus on proportionality, meaning that any response to concerns about domestic abuse must be fair and balanced. Cafcass officers are now expected to look at whether a case needs detailed safeguarding measures, or whether the harm is less serious or clearly in the past. The aim is to avoid unnecessary delays while still protecting children from real and ongoing risks.

Importantly, the policy makes clear that not all concerns about past behaviour will automatically mean limiting a child’s time with a parent. Instead, the focus is on whether the child has actually experienced harm and what steps are needed to support their safety and wellbeing. This ensures that decisions are based on the child’s needs and the actual level of risk, rather than applying a one-size-fits-all approach.

Why This Matters

The Cafcass update reflects growing recognition of the complexities involved in private law cases where abuse is alleged. In the past, inconsistent approaches to assessing domestic abuse led to concerns about both over-intervention and under-protection.

This update aims to set out a clear, national standard for practice, the new policy aims to give courts a more reliable basis on which to make decisions. Furthermore, it offers parents greater clarity about how allegations will be treated. And finally, for legal professionals, it provides a framework to engage with when presenting or responding to evidence.

Supporting Families Through Change

For parents navigating child arrangements proceedings or involved with social services, the new policy may significantly affect how concerns about domestic abuse are explored and understood. Rather than treating allegations in isolation, Cafcass officers are now expected to focus on the child’s lived experience by considering how any harmful behaviour, past or present, has directly affected them. This change means that parents can expect more structured and sensitive enquiries into family dynamics, with an emphasis on trauma-informed practice. Importantly, the policy also makes it clear that not all incidents of past abuse will automatically limit a child’s relationship with a parent. Officers must take a proportionate approach and weight up whether any risk is ongoing and what measures are needed to safeguard the child’s wellbeing.

At Cartwright King, our family law team works with clients every day who are navigating the emotional and legal difficulties that arise in the context of domestic abuse.

If you’re involved in private law proceedings and have concerns about domestic abuse, our team is here to provide practical, expert support. Get in touch with our family law team through our online form, or give our team a call on 03458941622.