Since March 2022, the Private Law Pathfinder Pilot Scheme has been trialled in the family courts in North Wales and Dorset. The scheme was implemented to provide a more problem-solving approach, aimed at improving the court experience and outcomes for families, especially children. One of the main thrusts of the pilot is to ensure that the voice of the child is the focal point in proceedings. During 2024, the pilot was extended to Birmingham, Cardiff and Gwent family courts. Following an announcement on 3 February, the Pathfinder Scheme will be further expanded in Wales and Yorkshire in 2025: it will launch in Mid and West Wales on 3 March and in West Yorkshire on 3 June. This is a welcome expansion, but the specifics of Pathfinder may be unfamiliar to many.
The pre-Pathfinder process only allowed for the Children and Family Court Advisory and Support Service (Cafcass – Cafcass Cymru in Wales), to undertake initial safeguarding inquiries to prepare a safeguarding report to be provided to the court, followed by a first hearing. However, this report only provided limited information to the court and therefore the hearing is usually adjourned to allow more time to gather the further information required. This may include fact-finding, hearing if domestic abuse or other incidents are reported, and the preparation of a Section 7 report with recommendations to the court. This process caused delays for several months (often 14-16 weeks) to allow the report to be compiled, , and the allocation of court time.
The Pathfinder process involves:
- An early ‘gatekeeping’ hearing by a legal adviser, to look at the information and appropriate allocation of the case.
- Cafcass investigates any welfare issues and identifies whether the family might benefit from another form of dispute resolution and can avoid court.
- Cafcass will speak directly with the family and identify any families who have a domestic abuse risk.
- Where appropriate, Cafcass will also speak with children early on in this process to understand their feelings and wishes.
- The aim is for Cafcass to help families avoid court entirely, or, where this is not possible, to find a solution at the first hearing. The gatekeeper then reviews all the information and can request further documentation before the case reaches court.
Pathfinder encourages a less adversarial process, keeping conflict out of the courtroom, and emphasising the investigation of issues, including allegations of domestic abuse.
The Pathfinder Pilot approach focuses on gathering information early on in the process by which Cafcass if they are already involved with a family, is able to undertake a child impact report. The time involved in producing this report for the court has been reduced from 14-16 weeks down to six weeks. It is more in-depth and allows engagement with the parents, the child, and if appropriate other agencies such as domestic abuse agencies, police, and the local authority. The process is non-adversarial and allows the issues of the case to be considered early on to help direct if the parties would benefit from out-of-court dispute disposal or whether an agreement can be reached without court intervention. If the parties do not reach an agreement, then the early process of gathering the necessary information allows the court to make more informed decisions.
This approach has greatly reduced the court time required to finalise cases.
Following the first six months of the Pathfinder Pilot in Cardiff and Gwent, significant reductions have been established in the number of weeks cases are in the court system. The average number of weeks from receipt to final order, pre-Pathfinder they were 38.2 weeks. Since the introduction of Pathfinder, they have reduced to 22.8 weeks.
The positive outcomes of Pathfinder to date in Cardiff and Gwent are:
- Focus on the child’s lived experience is impactful.
- Early identification of key issues
- Direct involvement of the Independent Domestic Violence Advocate and access to appropriate support
- Front loading of reports assists in timely decision-making
- Speedier resolutions to cases
- Fewer court hearings
- Improved outcomes for children and families.
My experience of Pathfinder has been positive, with cases being dealt with earlier, which greatly benefits the children and families involved. Families having the benefit of the information and recommendations made by Cafcass at an earlier stage is also helpful and has resulted in more agreed final orders.