It has been announced that Child Focused Courts are being rolled out following the successful pilot of the Pathfinder Courts.
The Pathfinder pilot was introduced in February 2022 and currently operates in 10 court areas. The model is designed for all court users but with particular focus on the voice of the child.
So, what is changing? What does it mean to court users?
The main and most important change is that Cafcass prepares an initial report which enables the court to get an early understanding of the impact the dispute is having on the child. The aim of an early assessment is to help everyone involved with the case and the child to address the impact of the dispute.
The Pathfinder project puts the child's safety and welfare at the heart of everything the court does. There is a growing emphasis on talking to children whenever possible. When the Child Impact Report is prepared this is front loading information about a child’s circumstances which helps to maintain focus. We are using the word “focus” a great deal here. And the aim is for the court process to take less time, therefore achieving earlier resolution and longer lasting decisions.
One of the issues this approach will address is the habit of cases being returned frequently by one parent or another. Prolonging the court process and causing children to be in proceedings for large portions of their lives.
The members of the judiciary who have experienced Pathfinder are very positive about it. One of the first take up area Judges commented “As a Judge, I feel that I am making better, safer decisions with the child’s lived experiences at the centre and without delay.” HHJ Christopher Simmonds, the Designated Family Judge for Bournemouth.
For court users, what does it mean?
The change will mean a faster resolution of a dispute. The programme has reduced family court backlogs in the relevant areas by 50%. With cases resolved up to 7.5 months faster.
Fewer hearings.
A more holistic approach.
A multiagency approach.
The court engaging and developing positive working relationships with local key partners such as third-party domestic abuse agencies.
All of this will need appropriate funding and support. We have just heard that an additional £17 million will be allocated to this initiative as it is more widely rolled out.
Deputy Prime Minister and Justice Secretary David Lammy said:
"Court backlogs are not just numbers on a page. When it comes to the family courts, they represent victims waiting, families in limbo and children and domestic abuse victims left to linger in harm’s way."
This feels like a long overdue initiative. With focus on the children and their experience at the hands of the family court.
Next Steps...
For further information, please contact one of our team on freephone 0800 011 6666 or visit the Family Law section of our website.