Sam Elliott in M v F [2026] EWFC 187 (B)
14th Jul 2026 | Cases
Sam Elliott, instructed by Coodes, acted for the successful applicant mother in M v F [2026] EWFC 187 (B). This is a significant private children judgment. Whilst the outcome was fact-specific, the wider importance lies in the judge’s observations about Cafcass practice, particularly the preparation of safeguarding letters and the use of undisclosed assessment tools in section 7 reports.
This judgment concerned a mother’s application for a child arrangements order in respect of her nine-year-old daughter, following the parties’ separation and the father’s admitted covert recording of the mother within the family home. The father sought a shared care arrangement and challenged the recommendations of the Cafcass section 7 report, alleging institutional bias and criticising the use of an undisclosed “Safety of Spending Time Arrangements Tool”.
Dismissing the father’s application, the court ordered that the child should continue to live with her mother whilst spending alternate weekends with her father, reflecting both the child’s wishes and her welfare needs.
Of wider significance, the court expressed concern about the preparation of Cafcass safeguarding letters where allegations and counter-allegations of domestic abuse exist, emphasising the need for neutrality and transparency. The judge also questioned the fairness of relying on unpublished assessment tools that cannot be properly scrutinised by the parties or the court. The judge concluding that the welfare officer’s independent recommendations remained sound.
