Accusation with NFA, how does this affect me??

[Nic2302]

Good morning all.. I’m new to this site so note quite sure if I’m doing this correct…
Where should I even start!!
So my partner was allegedly accused of rape(this was consensual so I’ve been told, there is a lot more to the story but for legal reason I won’t go into) after further investigations from the police he got NFA… (no further action)
Cafcass are doing further investigations as to why he got a NFA and the reasons why.
It was over quite quickly as there were a lot of flaws in her statement etc… this all happened when we split ( on a break for a Couple of months)

But during this time I am going through a court battle with my granddaughters father (my granddaughter lives with me full time) we have had a section 7 report carried out due to the lies that they have made against me.. cafcass have done their report and everything is fine mine end… obviously with my partner this allegation has come up( I am not with him at the minute) but now I’m just wondering what is going to happen now…. If I was to consider getting back with him how would this sit with social services and cafcass, would they have to do a risk assessment ?? Would we need to attend court? Also what if my granddaughters father says she doesn’t want her around him(he’s right to do that, totally understand)
Obviously my granddaughter comes first and I would never put her at risk.

I just would like to know what the next steps would be?

TIA

[Suzie, FRG Adviser]

Dear Nic2302

Thank you for your post and welcome to the forum. My name is Suzy, I am an online adviser and will be responding to you today.

Your granddaughter lives with you fulltime, and you care for her full-time. There is an ongoing court application from the child’s father. Cafcass is completing a Section 7 report. You say they have no concerns regarding you, but they are concerned about the allegations made against your ex partner. Cafcass are seeking further information about the alleged incident from the police. This will inform the Section 7 report. You are seeking advice on what the next steps might from Cafcass and Children’s Services should you resume your relationship with your ex-partner.

If Cafcass are concerned about you resuming your relationship with your ex partner this will be recorded within the Section 7 report and a referral will be made to children’s services. Children’s Services will then decide whether to complete an assessment or not. This assessment will include a risk assessment. I have added HERE and HERE to the different types of assessments available to children’s services.

I hope you find this information helpful. Please do contact us again should you need to. Details below:
- post again here.
- Submit a web enquiry.
- Start a webchat, Monday and Wednesday 2pm-4pm.
- Call our free and confidential advice line on 0808 801 0366, Monday to Friday (excluding bank holidays) 9:30am-3pm.
More information and links to our services can be found on our get help and advice page
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Best wishes, Suzie

[Nic2302]

Good Evening Suzie,
Thank you so much for your reply… I think level 2 checks are being carried out as they would like to know the reasons behind the “no further action” rightly so!
Still waiting for this.

Obviously based on what comes back and I’ve already been told by cafcass that not because he had a NFA doesn’t mean he didn’t do it (not really sure how that all works).. how would they use their judgment on that?
Could they just say because he got the NFA then he’s a risk anyway or would they like you said have to investigate more and do more assessments.
I guess another thing they could say was that he’s not allowed around her if we were to get back together?

Sorry for all the questions, he’s no longer around at the minute so he poses no risk(not that I think he does) I’ve just suggested we take a break until we get the report from cafcass.
I just wondered what sort of information will they be able to get from a police report if he was NFA’d ?? I thought that might have been sufficient enough?

At what point would they think he was a risk?

TIA

[Suzie, FRG Adviser]

Dear Nic2302,

CAFCASS will look specifically at the risk that your ex-partner may pose to your grandchild in relation to the allegation that was made against him, as well as your ability to act in a protective capacity. There are many reasons that allegations may not proceed to a criminal charge or conviction - this could be that the police/CPS did not think there would be a reasonable chance of prosecution - but it does not mean the alleged offence did not take place.

CAFCASS may be concerned that this allegation was made in the first place and they may say that they would not recommend that he has any contact with your grandchild. CAFCASS will consider any information that is submitted by the police - including why the investigation was dropped - in making an assessment of the risk he may pose.

Best wishes,

Suzie.

[Nic2302]

Hi Suzie,

Thank you for your response.. that all makes sense.. I don’t feel like he is a risk but again that’s not my call. They are carrying out a level 2 report from the police and we are waiting on that… what sort of things are disclosed in this report, will it say NFA and the reasons as to why, like will we get a breakdown?

His word, her word etc??

I don’t believe this happened (for other reasons that can’t be disclosed) but obviously would like piece of mind from the police report before I make any kind of decisions going forward

TIA

[Suzie, FRG Adviser]

Dear Nic2302

Thank you for your follow up post.

Where more information is needed, CAFCASS will request level 2, enhanced police checks. This is to get disclosure of information held on local forces' databases, including local intelligence and call out logs. In short, any police involvement that does not result in a charge or caution. The information will not be a record of ‘he said/she said’ but a summary of what the police have recorded each time they have had contact with the person(s).

Best wishes, Suzie

[Nic2302]

So it seems I have had my update from cafcass who have now informed me that they are going to recommend that my partner is not allowed around my granddaughter because apparently the accuser in question was a vulnerable adult.. can they do that??! I know my partner is innocent in this! We don’t live together at the minute but if I chose to resume the relationship is there anything I can do about it

Do we always have to go with cafcass recommendation?