Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many referrals from Independent Reviewing Officers to CAFCASS on behalf of children in care have resulted in legal action in each of the last 10 years.

No referrals from Independent Reviewing Officers (IROs) to Cafcass on behalf of children in care have resulted in legal proceedings in the last 10 years.

20 referrals were made to Cafcass by IROs during the period in question. Cafcass responds to every referral and appoints a Cafcass officer (often the previous guardian) to provide an independent assessment of the child’s circumstances. Cafcass seeks in-house legal advice for each referral which will recommend whether legal action should be commenced in order to protect the child’s interests.

In all cases, Cafcass enters into negotiation with the local authority to try to resolve any dispute by negotiation or mediation to achieve the best outcome for the child and most referrals are resolved by agreement. Cafcass takes every step possible to ensure a child's human rights are effectively protected and would not hesitate to take court action when there is no other effective way to achieve a positive outcome for the child.