Thousands more children will be supported with the latest expansion of the Pathfinder pilot, and a £12.5m funding boost to encourage information sharing between services in children matters.
The Pathfinder pilot originally launched in March 2022 in a limited number of family courts in Dorset and North Wales, before expanding to Birmingham and South-East Wales in 2024. In its latest expansion, all family courts in Wales will now take on the pilot, and West Yorkshire has become a new trial area.
The pilot scheme has worked to improve the communication between the police and local authorities/social services, and the family courts, to reduce the adversarial nature of children matters. The court can direct disclosure from agencies, and that means by the time parties actually see the judge for the first time, there is a lot more information in front of them which will enable a judge to practically move a case in the right direction that they see fit.
Crucially, domestic abuse authorities have been given powers to share important information with the family courts, meaning victim-survivors do not have to tell their story multiple times to various different authorities.
The aim of Pathfinder has been to centralise children’s voices in the family court process.
The major changes have been that the court does not immediately list a court hearing in standard children matters. Instead, they require Cafcass to speak to both parents and carry out detailed investigations and welfare checks before the case goes in front of a judge. The child/children speak to a Cafcass officer where appropriate, and are able to express their wishes and feelings.
Read more about the Pathfinder pilot.
New figures released have highlighted the success of Pathfinder so far, with around 11 weeks being saved in total to reach a conclusion in children matters, and a 50% reduction in case backlog in Dorset and North Wales.
What does this mean for parents going through the system?
- Less adversarial process of making child arrangements
- Improved support for victims of domestic abuse
- Increased communication between services to reduce the pressure on parents
- Focus on the needs and wellbeing of child/children
- Quicker resolution of matters
Stowe guide: Proceedings for child arrangements in courts running the Pathfinder pilot.
Partner Ashley Le-Core says of the funding boost and expansion:
“Recent news of a £12.5m funding boost coming to the family court system has highlighted the success of the Pathfinder pilot. Whilst it has not reached all areas of the country yet, the latest expansion has brough the pilot to West Yorkshire, and to all Welsh courts in addition to the initial areas. Many family lawyers will not yet be used to the change, but I am hopeful that this funding will enable a full national rollout in due course, providing the scheme sees continued success in both new and old areas.
Where I have been privy to the Pathfinder process, I have experienced a more streamlined case that is primarily focused on getting the best outcome for all concerned.
It has also been successful in getting other agencies involved at an early stage in children matters, including social services, and the police if necessary. This has helped to progress cases more efficiently and effectively, as the relevant information is gathered prior to any court hearings. This is a practical solution, and a step in the right direction.
Unfortunately, one of the biggest issues faced by family lawyers currently is delays within the court system. The system is still catching up on the backlog caused by the pandemic. However, in the pilot areas, the new process in children matters has saved around 11 weeks, which is significant, particularly where children are involved.
Whilst clients may not physically see a judge at the beginning of cases, there is a practical and logical reason for this. The process of information gathered enables judges to proactively move the case forward before they ask the parties to physically attend court. Clients should be reassured that urgent matters are still being listed before a judge for immediate determination, but where this is not necessary, the Pathfinder system is a safe and productive way of managing cases.
Extra funding for this process, and indeed the mediation voucher scheme, to again reduce the adversarial nature of family law cases, can only be positive, and I am completely on board with these changes in the family justice system.”
