CAFCASS functions in Wales
Section 35: Functions of the Assembly relating to family proceedings
152.This section confers on the Assembly the functions currently carried out for England and Wales by the Children and Family Court Advice and Support Service (CAFCASS). CAFCASS serves the Family Division of the High Court, county courts (including care centres), and family proceedings courts. The service safeguards and promotes the welfare of the children before courts dealing with family proceedings; gives advice to any court about any application made to it in such proceedings; makes provision for the children to be represented in such proceedings; and provides information, advice and other support for the children and their families.
153.The intention is that, following the coming into force of this section, responsibility for the welfare of children who are ordinarily resident in Wales who are or may be the subject of family proceedings as defined, will devolve to the Assembly. For all other children, responsibility will be retained by CAFCASS, although it is anticipated that there may be agreed reallocation of cases between CAFCASS officers and Welsh family proceedings officers, as defined in subsection (4).
154.Subsection (2) provides that the Assembly must ensure that arrangements are made to enable Welsh family proceedings officers to exercise their duty as imposed by any enactment.
Section 36: Ancillary powers of the Assembly
155.Subsection (1) allows the Assembly to make arrangements with organisations to perform its functions under section 35. This would give the Assembly the option of contracting with some other body to perform the functions on its behalf. Subsection (8) makes it clear that such a body could be in the public, private, or voluntary sectors.
156.Subsection (2) allows any organisation doing this work to designate individuals to carry out functions of Welsh family proceedings officers.
157.Subsection (3) sets conditions of quality and value for money if the Assembly is to make arrangements with another organisation.
158.Subsection (4) enables the Assembly to make arrangements with individuals, such as self-employed practitioners, to carry out functions of Welsh family proceedings officers.
159.Subsections (5) and (6) allow the Assembly to second staff and provide services to those carrying out the functions, while subsection (7) allows it to charge for doing so.
Section 37: Welsh family proceedings officers
160.Subsection (1) provides that the Assembly may authorise a Welsh family proceedings officer to conduct litigation in relation to any proceedings in any court and to exercise a right of audience in any proceedings before any court, in the exercise of his functions as a Welsh family proceedings officer if he is of a description as prescribed by the Secretary of State.
161.By virtue of subsections (2) and (3) a Welsh family proceedings officer exercising a right to conduct litigation, or the right of audience under this section, is treated as having acquired that right solely by virtue of this section, and not by virtue of any qualification which he might have.
Section 38: Inspections
162.This section allows the Assembly to request inspection and report on the relevant activities of the Assembly and Welsh family proceedings officers post devolution. Such a request will require the agreement of the Secretary of State as having responsibility for the inspectorate.
Section 39: Protection of children
163.Subsection (1) applies the Protection of Children Act 1999 to the Assembly as though it were a childcare organisation for the purposes of the functions of the Assembly under this part. The Protection of Children Act relates to the suitability of people to work with children, and the section also provides for the Assembly to ensure that appropriate mechanisms are in place in any organisations carrying out the functions on the Assembly’s behalf in order that the Assembly can be satisfied that persons employed by that organisation are suitable.
Section 40: Advisory and support services for family proceedings: supplementary
164.The section brings Schedule 3 into effect.
Schedule 3 – Advisory and support services for family proceedings
165.The amendments in paragraphs 2 to 11 and 15 to 18 of the Schedule make provision relating to ‘Welsh family proceedings officers’ and their functions. In particular, the amendments confer the same functions on Welsh family proceedings officers as currently exist for officers of CAFCASS.
166.The amendment in paragraph 13 limits the functions of CAFCASS to children other than those ordinarily resident in Wales.
167.The amendment in paragraph 14 makes consequential provision relating to the membership of CAFCASS.
Section 41: Sharing of information
168.This section provides for the Assembly and CAFCASS to be given powers for the mutual exchange of information where such information will clearly be in the interests of those children who are the subject of family proceedings and where it is in the interests of good practice and management issues. Subsection (2) provides for corresponding powers to be given to individual officers of both organisations.
