Child Focused Courts (formerly the Pathfinder programme) are being rolled out across England and Wales and are a “game-changer”. At least, that’s how the top family judge Sir Andrew McFarlane has reassuringly described it.
The pilot scheme for the ‘Families First for Children’ Pathfinder programme began in 2022 and has, according to the figures, significantly cut waiting times and facilitated speedier resolution for families involved in court proceedings.
Parents and carers, and their lawyers, have long been frustrated by the lengthening court delays, even in urgent cases; and this latest development – and child-centred rebrand of the programme - is promising.
Timescales reduced
According to recent Ministry of Justice figures, the Pathfinder pilot significantly reduced timescales from court application to the final court under. For instance, the time for cases in Birmingham to be concluded halved from 53 weeks to 23 weeks.
It’s not just about cutting delays - the children at the centre of disputes suffer less trauma and cooperation between the parents is being actively facilitated. This is crucial for the future relationships between the family members.
What do Child Focused Courts mean in practice?
In private family proceedings, the child’s welfare remains the paramount consideration for the court exercising it’s decision-making under the Children Act 1989. But lengthening delays (sometimes, up to a year) to reach a final hearing, which hampered family proceedings for so long, undermined the welfare of many children; and exacerbated already difficult and stressful disputes between separated parents.
The Pathfinder programme was created to address this dissonance - placing families’ needs at the forefront, discouraging adversarial hearings and adopting a multi-agency approach. It is streamlining the process, cutting costs and, importantly, discouraging family conflict and reducing the re-traumatisation of domestic abuse survivors.
Continuing the programme, Child Focused Courts are now operating in 10 of 43 court areas in England and Wales, including all of Wales, Birmingham and the West Midlands. The key purposes are:
- To improve the experiences and outcomes for parents and children involved in private proceedings, particularly those impacted by domestic abuse
- Facilitating a better experience for the children, particularly by understanding and taking into account their own wishes and feelings (dependant, of course, on the child’s age)
It does this by seeking to establish a clear picture of the family’s circumstances early in proceedings. It specifically accounts for the fact that each family has its unique needs and, importantly, provides a mechanism by which domestic abuse and other safeguarding concerns can be promptly identified (within 48 hours of the initial application to court).
CAFCASS will then prepare a child impact report (CIR) within 6-8 weeks and the relevant agencies are to share information early on. The court will then review the CIR and decide whether any intervention is required; or whether there should be a hearing or the case referred to mediation.
How we can help
If you are involved in children proceedings, we will carefully explain the new Child Focused Courts process and help you navigate what we know can be a difficult time for your family.
Please contact Anna Robinson, a Senior Associate Solicitor in the family team, on 01562 820181; or email anna.robinson@mfgsolicitors.com,