Officer's risk assessment of child: CA 1989 s. 16A
When a CAFCASS officer or Welsh family proceedings officer suspects a child is at risk of harm, they must assess and report that risk to the court.
16A This section applies to the following functions of officers of the Service or Welsh family proceedings officers— any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises; any function in connection with an order made by the court in such proceedings. If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must— make a risk assessment in relation to the child, and provide the risk assessment to the court. A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 16A applies to CAFCASS officers (in England) and Welsh family proceedings officers when they are working in family court cases where the court might make orders about a child's upbringing – for example, who the child lives with, contact, or special guardianship.
If, during that work, the officer has reason to suspect the child is at risk of harm, they must carry out a risk assessment. That assessment focuses on the specific harm they suspect. The officer must then give that assessment to the court.
The risk assessment is a formal evaluation of the likelihood of that harm occurring. It does not require the officer to prove anything, only to assess the risk based on the suspicion. The provision does not apply to other professionals, such as social workers or police, unless they are acting in these officer roles.
When it applies
- A CAFCASS officer hears during a contact dispute that the father has a history of domestic violence, and suspects the child may be at risk of harm.
- A Welsh family proceedings officer notices unexplained bruises on a child during a home visit and suspects non-accidental injury.
- An officer receives a tip that a proposed special guardian has a criminal record for child abuse and must assess the risk.
- Court documents reveal that a child is exposed to drug use in the home, and the officer suspects harm.
What this section does not say
- That this section requires a risk assessment in every family case, but it only applies when the officer has cause to suspect harm.
- That it applies to social workers or police, but it only applies to officers of the Service and Welsh family proceedings officers.
- That it covers any kind of risk (e.g., financial or educational), but it only covers risk of harm as defined in the Children Act.
- That the officer must remove the child or take protective action, but the provision only requires assessment and reporting to the court.
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This page reproduces the text of CA 1989 s. 16A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.