Section 16A — Cafcass risk assessments when harm is suspected

REVIEWED BY: Sean McNamara on 2026-08-30

When a Cafcass officer (Family Court Adviser) suspects during family proceedings that a child is at risk of harm, the law doesn't leave that as a private worry — section 16A of the Children Act 1989 requires them to carry out a risk assessment and give it to the court. This guide explains how s.16A works and what it means if one is carried out in your case. It is general information, not legal advice.

What section 16A requires

Section 16A applies to functions of officers of Cafcass (and Welsh family proceedings officers) in family proceedings. If, while carrying out any such function, the officer is given cause to suspect that the child concerned is at risk of harm, they must:

1. make a risk assessment in relation to the child, and 2. provide the risk assessment to the court.

The trigger is the officer's own professional suspicion — no one needs to ask for it. It was inserted by the Adoption and Children Act 2002 alongside the amendments that brought domestic abuse squarely into children Act proceedings.

When it typically arises

During safeguarding work before the first hearing, where police or local authority checks reveal concerning history
While preparing a section 7 report, where interviews or disclosures suggest risk (domestic abuse, substance misuse, mental health crises, past child protection involvement)
When a party or child makes an allegation of harm during proceedings
Where a child arrangements order is proposed that would place the child with someone the officer has concerns about

What the assessment contains

A s.16A risk assessment is a focused document — shorter than a full welfare report — that identifies:

the nature of the suspected risk (to whom, from whom, in what circumstances)
the likelihood and severity of harm
the factors that increase or mitigate the risk
recommendations for how the court can manage the risk — supervised contact, a fact-finding hearing, special measures, involvement of the local authority, or conditions in any order

What Cafcass data shows

Cafcass publishes the proportion of closed private law cases involving a 16A filing. Recent board papers report that where domestic abuse was identified, roughly 14–15% of closed cases included at least one s.16A urgent risk assessment filed with the court — thousands of assessments each year, and the figure has been rising slightly.

If a s.16A assessment is done in your case

Read it carefully — it will strongly shape what the court does next
If you are the person raising the risk concern, the assessment can be the evidence that secures protective steps — refer the court to its specific findings
If you are the person the risk concerns relate to, you can challenge it: give evidence, produce contrary material, and ask the court to test the assessment's reasoning. The court decides; the assessment is advice, not an order
The assessment can lead to a local authority referral, a fact-finding hearing direction, or s.7 welfare work — understand which direction your case is heading

Related provisions

Section 7 reports — broader welfare analysis, including risk, when the court orders deeper inquiry
Section 37 directions — where the court wants the local authority to investigate whether public law orders are needed
Practice Direction 12J — the procedural rules for handling domestic abuse allegations in child arrangements cases

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to Cafcass, HMCTS, or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.