How Cafcass is responding to criticisms of its domestic abuse practice

The Chief Executive of Cafcass (Children and Family Court Advisory and Support Service), Jacky Tiotto, recently stated during an appearance before the House of Commons’ Justice Select Committee that Cafcass’ domestic abuse practice has improved in recent years.

A report in 2020 was prepared for the Ministry of Justice (MoJ) following a panel investigation of the family courts’ response to domestic abuse and other harms. It was found that reports given to the court did not give enough weight to a child’s wish of not wanting to spend time with an abusive parent. The panel also found that Cafcass’ safeguarding interviews did not enable survivors of domestic abuse to disclose the abuse they endured. Furthermore, the domestic abuse which was disclosed was quickly viewed as not relevant to contact arrangements due to the family courts’ ‘pro-contact culture’ which left survivors with a “lack of confidence in Cafcass officers”. 

Following the 2020 report, Cafcass set up a domestic abuse improvement programme. The programme provides mandatory training and personal learning plans on domestic abuse for all Cafcass family court advisors and is reviewed annually. 

During the second annual review of the programme in 2023, auditors found in most cases that Cafcass family court advisors “understood the harm, risk of harm and impact on children of domestic abuse and their analysis of this informs their recommendations to the court”.
Last autumn, Cafcass published their domestic abuse policy which requires practitioners “to listen to children and adults who have experienced domestic abuse and accurately record and share with the court what they have been told”.

Cafcass Chief Executive, Tiotto, said during the session with the Justice Select Committee last month that: “There is evidence, I think, that our policy is improving practice, particularly in reporting to the court what victims are telling us, whether it’s before the first hearing or in the work after hearing. The position we’ve taken is if you have a known criminal history, have served a prison sentence, there is a police report, or you’re being investigated for a violent or sexual crime, we will assume that you are an adult of significant risk to a child and we will advise the court how we have assessed your suitability to have contact with your children”. Tiotto then went on to say, “I think we are travelling in the right direction, but I wouldn’t want anyone listening to think I’m saying that we’ve sorted it, because we still haven’t”. During the session, Domestic Abuse Commissioner for England and Wales, Nicole Jacobs, acknowledged Cafcass’ improvements.

The Government announced on 22 October 2025 that it will take action to protect children from abusive parents as they intend to repeal the legislative presumption that the involvement of both parents in a child’s life will further the child’s welfare. Tiotto said during the Justice Select Committee session that Cafcass has welcomed this change “to go right back to [the] safety and welfare [of the child] and ask if [a parent’s involvement] is right or not”. 

At Stone King, we remain committed to supporting families through complex and sensitive legal matters. We will continue to advocate for a family justice system which ensures that any account of domestic abuse is taken seriously and that the safety and wellbeing of children are placed at the heart of judicial decision-making.