Cafcass has published data for the period 1 April 2025 to 31 March 2026, showing a marked increase in demand across children cases in England. The figures highlight the continuing pressure on the family justice system and the growing number of children and families involved in court proceedings.
Cafcass, the Children and Family Court Advisory and Support Service, plays a central role in many Children Act proceedings. Its officers assist the court by carrying out safeguarding checks, preparing reports where directed, and making recommendations focused on the welfare of the child.
The latest data is significant for parents, carers and professionals because it shows not only an increase in new cases, but also a rise in the number of open and outstanding cases before the family courts.
Key Findings from the Cafcass Data
According to Cafcass, in March 2026 it received 5,691 new children’s cases, involving 8,710 children. Cafcass described this as the highest monthly demand since March 2021.
The data also shows that:
- the average daily demand in March 2026 was 259 children’s cases per working day, compared with 230 children’s cases per working day in March 2025;
- at the end of March 2026, there were 29,313 open outstanding children’s cases;
- this represented an increase of 5%, or 1,784 additional children’s cases, compared with March 2025;
- there were 46,501 children involved in open children’s cases at the end of March 2026;
- this was 642 more children, or 4% higher, than in February 2026.
For the full financial year, from 1 April 2025 to 31 March 2026, Cafcass reported that:
- total children’s case demand increased by 2% compared with the same period in the previous financial year;
- this amounted to an additional 3,982 children’s cases and 6,018 children;
- new children’s case demand increased across all Cafcass operational service areas, although the level of increase varied by region;
- public law demand increased by 7%, representing 769 additional children’s cases and 1,284 additional children;
- private law demand increased by 2%, representing 3,213 additional children’s cases and 4,734 additional children;
- much of the growth in private law demand occurred during the second half of the financial year;
- between 1 April 2025 and 31 March 2026, Cafcass received 16,975 new public law children’s cases, involving 27,182 children.
These figures demonstrate sustained and increasing pressure on the family justice system, particularly in private law disputes between parents and carers.
What Are Children Act Proceedings?
Children Act proceedings are court cases concerning the welfare and upbringing of children, usually brought under the Children Act 1989. They are commonly divided into private law and public law proceedings.
Private law children proceedings usually involve disputes between parents or other family members. These may include applications for:
- Child Arrangements Orders, which determine who a child lives with, spends time with, or otherwise has contact with;
- Specific Issue Orders, which resolve a particular dispute concerning a child, such as schooling, medical treatment or travel abroad;
- Prohibited Steps Orders, which prevent a person from taking a particular step in relation to a child without the court’s permission.
Public law children proceedings are usually brought by a local authority where there are concerns about a child’s safety or welfare. These may include applications for:
- Care Orders;
- Supervision Orders;
- Emergency Protection Orders.
In every Children Act case, the court’s paramount consideration is the welfare of the child.
What the Increase in Private Law Cases May Mean for Parents
The Cafcass data shows that private law demand increased by 8.2% during the 2025/2026 financial year. This represents a substantial increase in disputes involving arrangements for children following separation or family breakdown.
Private law cases often arise where parents cannot agree:
- where a child should live;
- how much time a child should spend with each parent;
- arrangements for school holidays, birthdays and special occasions;
- whether a child should relocate within England and Wales or abroad;
- which school a child should attend;
- whether there are safeguarding concerns affecting contact;
- how parental responsibility should be
The increase in demand may have practical consequences for families. Where the courts and Cafcass are managing a higher number of cases, there may be pressure on listing times, safeguarding processes and the availability of detailed Cafcass reporting. This makes it particularly important for parents to identify the real issues in dispute at an early stage and to prepare clear, relevant and child-focused evidence.
Public Law Demand Remains Elevated
The Cafcass figures also show that public law demand increased by 4.7% during the financial year. Cafcass received 16,975 new public law children’s cases, involving 27,182 children, between 1 April 2025 and 31 March 2026.
Public law proceedings are among the most serious cases before the family court. They usually involve a local authority seeking court orders because of concerns about a child’s welfare, safety or care arrangements.
These cases can have significant consequences for children, parents and wider family members. The court may be asked to consider whether a child should remain at home, live with another family member, be placed in foster care, or, in some cases, be placed for adoption.
The continued increase in public law demand underlines the importance of early engagement, careful preparation and a clear understanding of the legal framework where a local authority becomes involved with a family.
The Role of Cafcass in Children Act Proceedings
Cafcass is independent of the court, local authorities and the parties. Its role is to safeguard and promote the welfare of children involved in family court proceedings.
In private law proceedings, CAFCASS has a more front-loaded, investigative and child-centred role. CAFCASS is involved from the outset of a private law Children Act application and prepares a Child Impact Report (“CIR”) before the first substantive hearing, so that the court has early information about risk, welfare, the child’s lived experience, and possible routes to resolution.
The Child Impact Report is the central mechanism through which CAFCASS assists the court. It incorporates safeguarding enquiries but goes further by engaging with the parents/parties and, where appropriate, the child or children.
It is intended to give the court an early understanding of the impact of the dispute on the child and to focus the parties and the court on what the child’s safety and welfare require.
The Welfare Principle
The central principle in all Children Act proceedings is that the child’s welfare is the court’s paramount consideration.
When deciding what order to make, the court applies the welfare checklist in section 1 of the Children Act 1989. This includes:
- the ascertainable wishes and feelings of the child, considered in light of the child’s age and understanding;
- the child’s physical, emotional and educational needs;
- the likely effect on the child of any change in circumstances;
- the child’s age, sex, background and any relevant characteristics;
- any harm the child has suffered or is at risk of suffering;
- how capable each parent or relevant adult is of meeting the child’s needs;
- the range of powers available to the
The court will not make an order unless it considers that making an order would be better for the child than making no order at all. This is known as the “no order” principle.
Why Early Advice and Preparation Are Important
The Cafcass data shows a system under sustained pressure, with more children and families entering or remaining within proceedings. For parents and carers, this means preparation is particularly important.
Those involved in a dispute about children should consider:
1. Focusing on the child’s welfare
The court will be concerned with the arrangements that best meet the child’s needs, rather than the grievances between adults.
2. Keeping accurate records
A clear record of contact arrangements, missed time, safeguarding concerns and key communications can assist where evidence is required.
3. Communicating carefully
Messages, emails and social media posts may be used in proceedings. Communication should remain measured, factual and child-focused.
4. Complying with directions
Court deadlines for statements, evidence and other documents should be observed carefully.
5. Considering non-court options where appropriate
Mediation, solicitor negotiation and other forms of non-court dispute resolution may help resolve some disputes without a fully contested court process. However, court proceedings may be necessary where there are safeguarding concerns, urgency, domestic abuse, or a risk that a child may be removed from the jurisdiction.
How Our Family Law Solicitors Can Help
Our family law solicitors advise parents, grandparents and carers in all types of Children Act proceedings, including:
- applications for Child Arrangements Orders;
- disputes about where a child should live;
- disputes about contact and time with each parent;
- Specific Issue Order applications;
- Prohibited Steps Order applications;
- urgent applications involving risk to a child;
- cases involving domestic abuse or safeguarding concerns;
- relocation disputes;
- public law proceedings involving local authority
We can assist with preparing applications, responding to proceedings, drafting evidence, advising on Cafcass involvement, and representing clients at court hearings.
The recent Cafcass data demonstrates that more families are becoming involved in children proceedings and that many cases remain open before the court. Clear and early legal support can help ensure that
the issues are properly presented and that the child’s welfare remains at the centre of the case.
Contact Our Specialist Family Law Team
If assistance is required with a Children Act application or a dispute about arrangements for a child, contact our family law team to discuss the next steps.
Staffordshire Family Law are Solicitors in Staffordshire, a large specialist family law practice, with a dedicated team of seven solicitors who have expertise in child law. Our solicitors advise and represent parents, grandparents, carers and other family members in a wide range of children matters, including private law disputes, safeguarding issues, urgent applications and public law proceedings involving local authority intervention.
Pardeep Jassal, Head of the Private Children Team at Staffordshire Family Law Solicitors Stafford says “the latest CAFCASS figures show an increase in private law applications reflect the growing pressures many separating families are facing. Behind every application is a family struggling to reach agreement about arrangements for children, often at a time of heightened emotional stress. While Court intervention is sometimes necessary, these figures also underline the importance of early legal advice and alternative routes of non-dispute resolution such as mediation where appropriate, to help families resolve disputes in a way that prioritises the welfare of the children.”
We provide clear, practical and child-focused advice at every stage of the process, from early negotiations and pre-proceedings advice through to representation in contested court hearings.
If you require assistance with a child law matter, please contact the office on 01785 336617, or by email at family@sflsolicitors.co.uk and request an initial free appointment with one of our experts. This can be arranged face to face in our offices in Stafford or remotely by Teams meeting, if this is more convenient.
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