A Case Management Hearing (CMH) is held

If you are the child’s social worker or other practitioner involved with the child and family, consider: 

• any needs the child has in understanding the decisions made by children’s social care and the court, and the process of care proceedings  
• who is best placed to share this information with the child, how it can be explained to them in a clear and relevant way, and how to ensure the child is confident to ask questions if they don’t understand anything. 

If a referral for therapeutic intervention has not taken place, or the child has said they would now like to speak to somebody, ensure that appropriate service(s) are identified and referral(s) made. Remember that the Crown Prosecution Service says children can receive emotional support and therapy during a police investigation. 

Any therapeutic support given should have clear ground rules, and should be mindful of any open investigations and the potential to affect or influence any evidence the child may give in criminal law proceedings or family law proceedings.

All practitioners – including the social worker, the parents’ legal representatives, and the Cafcass Children's Guardian – should tell the court about any vulnerability factors that could limit the child’s or another party’s ability to participate in proceedings. The Family Court considers all children to be vulnerable because of their age; Achieving Best Evidence guidance recognises sexually abused children as vulnerable and intimidated witnesses.  

Decisions made at the CMH should consider the vulnerability and capacity of the child and members of their family, especially in relation to: 

• decisions about a fact-finding hearing, if one has been scheduled, and whether the child will give evidence 
• whether and how the child should be involved in any further assessment 
• whether the child may benefit from being appointed a registered intermediary. 

The CMH is the court's first opportunity to examine rigorously the evidence of sexual abuse and any coexisting harms. It will be used to scrutinise evidence, so children’s social care should have a clear picture of the weight of the evidence and any gaps. 

A CMH is effective when the allocated judge is able to make all necessary directions, and there is a clear path to a final decision. Social workers and children’s social care legal representatives play a key role in ensuring the CMH’s effectiveness.  

Social workers have a responsibility to:  

• provide good-quality statements and assessments to the court, enabling safe and just decisions 
• scrutinise the information provided, triangulated against information from other agencies working with the child and their family, to ensure quality and accuracy 
• have a clear plan for how to resolve any gaps in evidence (through expert assessment or contextual evidence, for example). 

The Children’s Guardian will scrutinise the children’s social care evidence and care plan, and will provide an initial analysis to the court.  

The care plan, and decisions about where the child should live, should be kept under review throughout the care proceedings, as information available at the start of the proceedings may be incomplete. Remember that children almost always talk about sexual abuse gradually, sharing different pieces of information with different people over time as they try to work out who they can trust. When talking with the child, always check whether there is any more information they would like to share with the court, the police or children’s social care. 

To decide whether a fact-finding hearing is relevant, proportionate and necessary, the court will: 

• clarify what is being alleged and what is being disputed  
• request a schedule of allegations, which includes the parents’ response to each allegation. 

Everyone involved in the proceedings can support the child by ensuring there is a clear factual basis for the judge to make safe and just decisions, so that the child is protected from having to live with or spend time with someone who may abuse them. 

Ask yourself these questions: 

• Is the court applying the appropriate legal standard of proof? The court must apply a standard of proof ‘on the balance of probabilities’ rather than the criminal law threshold (‘beyond reasonable doubt’) – and should not regard a police decision of ‘no further action at this time’ as proof that sexual abuse did not happen. 
• Is the court giving too much weight to what the child has and hasn’t said? There is a widespread misconception that, if a child has been sexually abused, they will verbally report their abuse clearly and consistently – but the court should recognise that this is not the case.  
• Is the court considering other potential risks to the child which are often linked to child sexual abuse? Child sexual abuse rarely happens in isolation, so the court shouldn’t consider it in isolation – to gain an accurate understanding of the risks to the child, it should consider the wider family dynamic and any indicators of domestic abuse, grooming, and other controlling or abusive behaviours: 

If you feel that the court needs to consider a wider range of evidence before deciding whether – on the balance of probabilities – the child was sexually abused, or that it needs to give greater consideration to the overlap between child sexual abuse and other behaviours, it’s appropriate to advocate for a fact-finding hearing.  

Keeping children engaged and informed is a way of ensuring their voice is heard and they are at the centre of their case. 

Before the CMH, take the time to discuss: 

• the purpose of a CMH, and what will happen and why 
• whether the child, having had a full explanation of what giving evidence entails, is willing to give their account to the court if it is deemed necessary 
• how they can participate in proceedings – you can check whether they want to meet the judge or visit the court, support them to write the judge a letter, or ask the judge to write the child a letter explaining any big decisions that have been made. 

After the CMH, help them understand: 

• the decisions that were made at the CMH and the reasons why 
• any further assessments that will be completed, and their role (if any) in these  
• what will happen at a fact-finding hearing (if one has been directed), their role in it – which may include giving evidence – and how it helps with final decisions 
• what will happen at the issues resolution hearing.