Delays in Family Court proceedings have long been a source of frustration for parents and children alike. Cases involving child arrangements often stretch over many months, adding stress and uncertainty to already difficult situations. In response, the Pathfinder Pilot Scheme was introduced to create a more efficient, child-focused process. The main aim is to reduce timescales and improve outcomes for families.
Under the traditional Child Arrangements Programme (CAP), cases could take anywhere from 29 to 53 weeks to conclude. This prolonged timeline often intensified conflict and emotional strain. The Harm Panel Report (2020) highlighted these issues and recommended a less adversarial approach, prioritising child welfare and early risk assessment.
What is the Pathfinder Scheme?
The Pathfinder Pilot Scheme represents a significant shift in family law practice. Key features include:
- Problem-solving, investigative approach rather than adversarial hearings.
- Multi-agency collaboration: police, local authorities, and Cafcass share information early.
- Introduction of the Child Impact Report (CIR), replacing safeguarding letters and Section 7 reports.
- Early identification of domestic abuse and safeguarding concerns.
Below is an example of the difference in process between the Pathfinder and the existing process.
Current process – child arrangements programme
1. Pre-application requirement
Parties must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt (e.g. due to domestic abuse, urgency).
2. Application
File Form C100 with supporting documents (e.g. MIAM certificate, C1A)
3. Safeguarding checks
After issue, Cafcass conducts initial safeguarding enquiries with police and social services.
4. First hearing dispute resolution appointment (FHDRA) is usually 4+ weeks after issue.
The court reviews safeguarding info, encourages agreement, and sets directions if unresolved.
If a section 7 report is ordered at the FHDRA, this can take up to 12 weeks to complete.
5. Further Hearings
Fact-finding hearings if allegations of harm arise.
Final hearing for contested cases.
Process can take months, often adversarial.
Pathfinder Scheme
1. Pre-application requirement
Parties must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt (e.g. due to domestic abuse, urgency).
2. Early gatekeeping & risk assessment
First gatekeeping typically occurs within 24 to 48 hours of the application being received by the Court. This is to triage safeguarding/domestic abuse concerns.
- If urgent, fast-tracked to an immediate hearing.
- Directions are given for Cafcass to prepare a Child Impact Report (CIR)
4. Child impact report (CIR)
Cafcass prepares a CIR within 6 – 8 weeks – this replaces the safeguarding letter and section 7 report (providing a more comprehensive report in a shorter time frame, allowing for quicker decision making):
- Includes info from police, local authority, and domestic abuse agencies.
- Captures the child’s wishes and feelings.
- Incorporates risk assessments (e.g., DASH for domestic abuse).
- Timescales for the CIR vary depending on location, but it is typically between 6 – 8 weeks. In some pilot areas, this is done within 40 days.
5. Multi-agency collaboration
Courts, Cafcass, local authorities, and police share information early to reduce delays.
6. Judicial review of CIR
Instead of sequential hearings, judges review CIR and decide next steps and whether a hearing is necessary (parties do not attend this second gatekeeping hearing)
- Refer to mediation or other interventions.
- Make interim or final orders at a decision hearing, if deemed necessary, and this can be effective as a final hearing.
7. Focus
Child-centred, trauma-informed, reduces conflict, and supports victims of domestic abuse with specialist help.
What impact is the Pathfinder having on timescales?
The results from pilot areas have been striking:
- North Wales: Average case duration dropped from 29 weeks to 18 weeks.
- Dorset: From 38 weeks to 27 weeks.
- South East Wales: From 37 weeks to just 12 weeks.
- Birmingham: From 53 weeks to 23 weeks.
Backlogs have also been significantly reduced. For example, Dorset saw pending cases fall from 511 to 246, and North Wales from 478 to 202.
Why the improvement?
- Faster initial case management.
- Comprehensive CIR delivered early.
- Fewer hearings are required thanks to better upfront information.
Benefits beyond speed
Reducing timescales is only part of the story. The Pathfinder approach also:
- Minimises trauma for children and victims of domestic abuse.
- Encourages a less adversarial process, promoting cooperation between parents.
- Improves judicial decision-making with more information earlier on.
Challenges & next steps
Despite the scheme’s success, it faces challenges:
- Resource pressures: More staff and training are needed.
- Consistency: Ensuring all professionals adopt the new model effectively.
- Expansion plans: The scheme is set to roll out to West Yorkshire, Wolverhampton, and other areas in 2025–26. It is anticipated that the long-term ambition is that this will be the default model for private law cases; however, it has not been confirmed and is under continued review/evaluation.
The Pathfinder Pilot Scheme is proving that family court reform can deliver faster, fairer outcomes. By prioritising child welfare and reducing adversarial conflict, it offers hope for a more compassionate and efficient system.
How can we help?
Harriet Starkey is a Paralegal in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
For more information or advice, please call Harriet or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
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