(1)This section applies to the following functions of officers of the Service or Welsh family proceedings officers—
(a)any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;
(b)any function in connection with an order made by the court in such proceedings.
(2)If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—
(a)make a risk assessment in relation to the child, and
(b)provide the risk assessment to the court.
(3)A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.
Cases considering section 16A 4
[2017] EWHC 324 (Fam) · 2 February 2017
The court applies section 16A as requiring a CAFCASS officer to provide a risk assessment where the officer has cause to suspect that the child is at risk of harm. The existing CAFCASS risk assessment could not be ignored when deciding whether direct contact was safe. (see paras [11]-[12])
[2014] EWHC 2376 (Fam) · 20 June 2014
Confirms CAFCASS’s duty to make a risk assessment where its officer has cause to suspect that a child is at risk of harm. The judgment treated the children’s circumstances as potentially relevant to that statutory duty.
[2013] EWCA Civ 1412 · 21 November 2013
Applies section 16A as the basis for Cafcass’s risk assessment to the court, while emphasising that safeguarding issues remain concerns or allegations until determined. (see paras [23]-[25])
What each judgment says about section 16A is in the case-law panel in the full Act.