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Family law weekly highlights—Cafcass guidance, neurodiversity and s 91(14), indemnity costs for fraudulent non-disclosure, receivership enforcement, sham trusts (England and Wales), 14 August 2025

Published on: 14 August 2025

Published by a LexisNexis Family expert
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  • Private children
  • Financial provision
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Public children

Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has issued fresh guidance for local authorities and Cafcass where the children’s guardian’s views (and thus their independent advice to the court) differ significantly from the assessment of a local authority social worker and/or the independent reviewing officer on a child’s final care plan or interim arrangements. The guidance covers all children involved in care and supervision order applications under section 31 of the Children Act 1989 (ChA 1989), as well as deprivation of liberty applications. It outlines the steps to take whenever a divergence emerges during proceedings and is to be completed before final recommendations are presented to the court. A pre-final hearing meeting must be arranged to pinpoint and record the areas of disagreement for the court. The guidance also offers suggestions on how to structure that meeting, supplies a model agenda, and provides a template for communicating the agreed rationale to the court...

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