Napo has run three workload and TOIL surveys for Cafcass staff since 2020. The first two, run in 2021 and 2024, both demonstrated serious issues with over-working and with TOIL not being taken.
The latest survey was run in late 2025, as more Napo members began getting in touch with reps over serious workload concerns. The results of this survey demonstrated that workload and TOIL issues are just as widespread if not even more so than we found in previous surveys.
We asked a series of questions and gave staff an opportunity to add additional comments. Below you can find the questions and report with full results.
Working Hours and TOIL
Our first questions focused on hours worked and TOIL. Cafcass has had a long-standing problem of staff routinely working more than their contracted hours and not being able to claim back the time as TOIL.
Out of 126 responses, 93% of staff said that they had worked extra hours in the last four weeks that they had not been able to take back. This is exactly the same as in 2024. Of these, 80% said they work extra hours more than once a week, with another 17.5% saying it occurred more than once a month.
This indicates a very clear culture of over-working, and this was backed up by the 70% of responses saying they do not record the hours they work. Nearly half of those who gave a reason for not recording their owed TOIL, indicated it is because they do not believe they will actually be able to claim back their hours worked. Some also said they don’t even have the time in the day to record their hours. Some pointed directly to a culture of expecting to work more than your hours. And unfortunately a few mentioned an emotional or mental health impact – depression, stress, anxiety.
From those who do count their owed TOIL, we found alarming responses. The average amount of owed TOIL was 34 to 37 hours.
But this average excludes the three highest responses. To protect their identities, we will say these three responses ranged between 360 and 460 hours of TOIL owed. More staff reported over 100 hours accrued, and even more over 50.
This paints a terrifying picture of staff working far, far more than they should be. A 37 hour week should be a 37 hour week. We know that Cafcass practitioners can have the occasional very busy week and that is the purpose of the TOIL system, but this is more than occasional.
Current Caseloads and Safe Caseloads
The second set of questions focused on current staff caseloads, and what maximum caseloads staff considered to be safe. The key word there is maximum, not average, but what the absolute upper limit should be.
We found a huge discrepancy between current caseloads and safe maximums. It is worth saying that most of our responses came from full-time FCAs and Childrens Guardians working in Public Law, Private Law Work After First Hearing [WAFH], but have published the results from other sections of staff as well as these also indicate issues.
The average caseload of full-time public law / Work After First Hearing [WAFH] FCAs came to 21.9 active cases, with most on over 20 and some over 25.
It is unacceptable to have practitioners expected to support more than 20 families at a time. This has been Napo’s position for a long time, and our survey shows it is the view of many staff as well.
A fair few staff told us that 20 cases was a safe maximum, with the next highest responses being 18 and 15 cases. The average, similar to our 2024 survey, was 17-17.5 cases.
An even bigger concern however came from responses from part-time FCAs in the same position as the above [i.e. in Public Law or WAFH].
When part-time practitioner’s responses were scaled up to full-time equivalent, their workloads are even higher than their full-time colleagues. For clarity, by scaled up we mean if their actual caseloads are multiplied to those of someone working full time – a response from someone working 50% of full-time saying their caseload is 10 has ‘full-time equivalent’ of 20 cases.
Part-time FCAs were found to have a full-time equivalent of 25.7 cases.
Staff working 30 hour weeks [4 days] recorded an average actual caseload of 18, while staff working 22.5 hour weeks [3 days] have an average of 17.5. It is very concerning that many staff who -contractually- work considerably less than full time have caseloads expected of full-time FCAs.
With relatively few responses, Assistant Service Managers reported a typical caseload of 7 cases, versus a maximum safe caseload of 4.7 cases.
A few staff in EIT gave an average of 5 safeguarding letters per week as a safe maximum. This comes at a time when EIT FCA allocations are rising to a national standard of 8 per week.
So, here is the discrepancy we find between current workloads and safe workloads [rounded up to whole numbers]:
| Staff Category | Current Average Workloads | Safe Maximum Workloads [full time] |
| FCA/CG [WAFH/Public] | 21.9 active cases | 17 – 18 active cases |
| FCA [EIT] | 8 SGLs per week | 5 SGLs per week |
| ASM | 7 active cases | 4 – 5 active cases |
Napo’s Recommendations: What Cafcass and the Government Need To Do
These recommendations from Napo will be no surprise to most Cafcass staff, but we must spell out what is required and state and re-state what is required of Cafcass and of the government to ensure staff have manageable and safe workloads and a proper work-life balance.
Our recommendations are not just about staff safety and well-being, though we will argue the case for these relentlessly. When practitioners are working with nearly double the workload they should be, mistakes are far more likely. Safe practice is at risk with these working conditions. Children’s safety and well-being is at risk. Cafcass’ reputation is at risk. Not only that, such work conditions make it far more difficult to recruit to Cafcass and to retain staff. That impacts practice, as well as harming staff further.
The below recommendations from Napo are put forward to senior leaders at the partnership meeting on 27 January as the only way to ensure Cafcass is fit for the future:
- Cafcass must urgently carry out a time-and-motion study for practitioner and management tasks which should inform a functionable and realistic workload measurement tool and a whole scale evaluation of all tasks.
- Cafcass must also commit to carry out a time-and-motion study for any additional tasks, policies, or expectations.
- Cafcass must implement a transparent way for staff to record the accruing of TOIL.
- Cafcass must encourage all staff to take their owed TOIL, and ask all managers to encourage and ensure the same.
- Cafcass must review its existing TOIL policy as the existing policy evidently does not work.
- Cafcass must seek extensive additional funding from the Ministry of Justice to ensure that workloads can be brought down to the levels outlined in this survey that staff consider to be safe. The Ministry of Justice, Cabinet Office, Treasury must ensure Cafcass has the funding necessary to be fully staffed by staff who can work no more than 37 hours a week [or accrue and take appropriate levels of TOIL] and hold a safe workload.
- Cafcass must ensure TOIL accrued and taken is part of the PLR meeting for all staff
Full survey results breakdown
In the last four weeks, have you worked extra hours that you’ve not been able to take back as part of a flexible working arrangement or TOIL?
Yes: 92.86%
No: 7.14%
If yes, how often would you say this situation happens?
At least once a week: 80.00%
At least once a month: 17.50%
Less than once a month: 2.50%
Do you count the hours you work?
Yes: 29.37%
No: 70.63%
If not, why not?
This was an open question, but responses mentioned or indicated the following:
Cannot take back TOIL: 43%
No time to count TOIL / too many / too busy : 32%
Emotional impact: 12%
Working extra hours is normal: 11%
Mental health – mention stress, depression, anxiety: 6%
We are blamed:4%
Flexible working: 1%
Able to take back TOIL: 2%
If yes, how much TOIL (if any) do you currently have accrued?
This was an open question, so responses are grouped as follows:
Over 300 (hours): 3 responses, excluded from average
Over 100: 18.60%
Over 50: 30.23%
30 or above: 51.16%
10 or above: 88.37%
Average minimum: 34.3
Average maximum: 37.4
Some staff estimated ranges, so the minimum and maximum of each range was given.
How many cases are currently allocated to you, that have outstanding work to complete or hearings to attend?
Full time FCA WAFH/Public:
Average caseload: 21.9
Under 20 cases: 13.11%
20 cases: 22.95%
21-25: 54.10%
Over 25 cases: 9.84%
Part-time FCA WAFH/Public:
Average 30hr week: 18.1. Full-time equivalent 22.7. [includes 4 days, 29.6 – 30 hours]
Average 22.5hr week: 17.6. Full-time equivalent 29.7 [includes 3 days, 21.5 – 22.5 hours]
Assistant Service Managers: average 6.9 cases
What is the maximum number of cases you could safely manage within a 37 hour working week? Take into account your health and wellbeing, being able to make safe recommendations for the children and families you work with, and fulfilling Cafcass expectations.
Many staff gave ranges in their answers e.g. “17-18”, therefore a minimum and maximum average was worked out where these were present.
Full time FCA WAFH/Public average: 17.0-17.5
Full time FCA WTFH average: 5
ASM average: 4.67
CFCA: two responses, average 12.5
One Response
What constitues a case? When court order made or still on focus ðuring the 4 week Closure window