Introduction of the Pathfinder Pilot in the Family Court

Pathfinder Pilot

The Pathfinder Pilot represents a reform to the standard private law children cases shifting the emphasis from litigation to prioritising the voice of the child and early thorough risk assessments. Cases subject to the Pathfinder Scheme are on average resolved up to seven months faster. The aim is that the Pathfinder scheme will be rolled over the entirety of England and Wales within the next three years.
The introduction of the Child Focused Courts has been considered as one of the most significant reforms to the Family Court in the last 30 years, which came following the criticisms of the traditional procedure especially when handling allegations of domestic abuse in private children cases.
The new approach operated under the Pathfinder scheme intends to prioritise the voice of the child within proceedings in the Family Court and obtains their voice earlier within proceedings. It is aimed that by allowing the Court to have an understanding of the impact of the dispute on the child at early stages of the case, under the new approach, the Court will be better equipped to focus on how to address this at the outset of proceedings.

Child Impact Report

A significant reform under the ‘Child Focused’ model is the introduction of the Child Impact Report.’ The Child Impact report will replace the previous Safeguarding letter which is typically produced at the early stages of a case by Cafcass under the traditional approach to proceedings. The Child Impact Report has been likened to the Section 7 Report undertaken by Cafcass. This report will comprise of safeguarding information, welfare analysis, the child’s circumstances and provide recommendations.

The Impact of the Pathfinder Scheme

Dependent on the complexity of the case, the introduction of the new model intends to improve the experience of the family court through reducing the number of hearings required and therefore reduce the timescales of proceedings. The new approach is intended to reduce unrequired hearings, which in theory is said to not shortcut safeguarding decisions. In complex child proceedings, a Finding of Fact earing and further analysis such as local authority and police disclosure, drug and alcohol testing, and expert evidence may still be required. Under the new model, in many cases, in theory the Court will be able to make substantive or even final decisions earlier. However, there are concerns that for complex matters the approach provided under the new model may be unsuitable to adequately reach an informed decision. Although the model is praised for its ability to reduce the length of proceedings, there are questions whether the emphasis on speed is at the expense of depth and whether the new model will provide sufficient time or context to adequately resolve matters in the best interests of the child. 
For both family lawyers and litigants in person, cases which operate under Pathfinder scheme will require further emphasis based on the initial application and responses. The Court will heavily rely on early written information when deciding on how the case should proceed. 

If you require further advice, please contact our specialist children lawyer, Ryan Revell at ryan.revell@kingstonfamilylaw.co.uk