We occasionally receive requests from client to remove a CAFCASS Officer or Guardian from their case on the basis that they are unhappy with the investigations being undertaken and/or with their recommendations to the court. Such requests will only be granted in exceptional cases such as the one below.
QS v RS & Another 2016 http://www.bailii.org/ew/cases/EWHC/Fam/2016/1443.html In this case it seems that not all of the evidence had been received, and it seems that some of the material which had also been directed to be produced by the parents and their representatives had not yet made its way to the Guardian. In fact, it seems that the Guardian’s Position Statement was drafted and filed BEFORE the due date, and thus ahead of the father’s evidence. The Judge criticised that decision to file early and hence out of sequence. The mother took the view that the Guardian, who would be in a powerful position to make final recommendations, had by giving that clear view of the case reached a decision and conclusion before seeing all of the evidence and that there was a perception of bias.