Over the next few weeks, the Pathfinder programme is to be rolled out within the Midlands after successful pilots. The Private Law Pathfinder pilot is reshaping how the Family Court manages private children law disputes in England and Wales, with the Midlands and now our local court in Stoke-on-Trent making the change.
The pilot’s purpose is to reduce delay, embed a problem‑solving and investigative approach, and improve the experience and safety of children and parent survivors of domestic abuse, whilst keeping the children involved at the centre of decision‑making to streamline court proceedings. Substantive law remains unchanged; the changes concern case management, front‑loaded safeguarding, and earlier, better‑informed judicial decision‑making.
Charlotte, a trainee solicitor at Staffordshire Family Law, noted that the Midlands rollout of Pathfinder for private children cases marks a major procedural shift in the progression of cases. “The new roll out ensures that safeguarding is prioritised together with the much needed amplification of the child’s voice both of which enable the court to make earlier and better informed decisions, without the need for substantive changes to the existing law”
Core Procedural Changes
The Pathfinder system centres on the Child Impact Report (CIR), which replaces the old safeguarding letter. In preparing the CIR, an officer from Cafcass (the Children and Family Court Advisory and Support Service) will make full, early enquiries, including checks with the police and social services, speaking to each parent, and sometimes meeting the child. They may also contact support services such as domestic-abuse advisers. After a case is issued, the Court first checks its urgency and any immediate risks. When the CIR is completed, the Court decides, on paper, whether the case can follow a simpler route or needs a more detailed process with further assessment or a hearing. Parents don’t attend this review but can ask the Court within seven days to change the decision or request extra CIR work, if needed.
Hearings and Case Management
The first hearing after the CIR aims to move the case forward quickly. The Judge helps parents focus on solutions, can set temporary arrangements, direct support like parenting programmes or mediation, or, if needed, schedule a fact-finding hearing. Domestic-abuse safeguards still apply. Some Pathfinder courts also set a later review hearing to check that the final arrangements are working for the child.
Early Learning and Constraints
Early feedback from pilot areas and the Midlands suggests cases finish sooner, require fewer hearings, better reflecting the child’s views, and involve agencies working together more effectively. These improvements rely on good resourcing for Cafcass, domestic-abuse services, and contact centres, as delays in completing CIR’s can slow things down. It’s also important to check whether a court is part of the Pathfinder scheme; if not, the case follows the standard process.
Guidance from Government
The purpose of the Pilot Scheme is to assess the use of new practices and procedures to allow for applications to follow a revised court process. “The revised process has been designed for all court users, but with a particular focus on improving the experience of the family court and outcomes for survivors of domestic abuse, including children and litigants in person. The pilot seeks to test a more investigative approach, featuring earlier gatekeeping and information gathering to enable earlier triaging decisions and to front-load engagement with parties rather than engaging through multiple hearings. The court will also seek to hear the voice of the child more clearly through each case in this pilot, with the aim that appropriate engagement and communication are considered throughout proceedings. A more holistic, multi-agency approach is planned, with the court engaging and developing positive working relationships with key local partners such as mediators and local authorities.”
A summary of the governments consideration and findings can be found below.
Assessing Risk of Harm to Children and Parents in Private Law Children Cases
If you have any questions regarding the new system and how it could impact your case, please contact our office on 01785 336617 or by email family@sflsolicitors.co.uk to arrange a free initial appointment with one of our specialist solicitors who can advise further on your specific case.