Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential effect of moving responsibility for the Children and Family Court Advisory and Support Service to the Department for Education on the effectiveness of that service.

The Ministry of Justice is in discussion with the Treasury about the department’s overall settlement, including funding for Cafcass in 2021/22. No decisions have yet been made.

Cafcass when established in 2001 was the responsibility of the Lord Chancellor’s Department. That responsibility transferred to the former Department for Education and Science in 2004 before transferring in 2014 to the Ministry of Justice. The Government’s assessment in 2014 was that the work Cafcass does in supporting vulnerable children, and ensuring their voice is heard in court proceedings, is essential and that bringing Cafcass into the Ministry of Justice would be of great benefit to the family justice system.

There is no evidence that a further transfer of responsibility for Cafcass is necessary, nor that it would have any benefits. Indeed, it would likely be an unhelpful distraction. The Ministry of Justice works closely with the Department for Education in relation to Cafcass and the role of local authority children’s services in public law children proceedings. Ministers in both departments have oversight of the performance of the wider family justice system and agree key priorities through the national Family Justice Board.