Rising case numbers, a shortage of judges, cuts to Legal Aid. Some of the factors that have contributed to a severe backlog in family court applications, including Section 8 child arrangement applications.
A growing consensus that delays in having these cases heard can be traumatic for the children involved was the key driver in the establishment of the Private Law Pathfinder project in 2022. This pilot initiative was set up in two family courts, one in Dorset, the other in North Wales. The aim was to focus on the voice of the child and improve the family court experience and outcomes for children and parents.
In 2026 the project was extended to a further 8 court centres across England and Wales and the Pathfinder courts were renamed ‘Child Focused Courts’.
Government backing for these child-based courts is significant for anyone who is or who may be involved in Child Arrangement proceedings. It demonstrates a definite shift in emphasis on how applications under S8 will be dealt with.
Reaction to the Child Focused Courts has generally been positive, although industry groups, including Resolution have expressed some reservations.
We look at how the courts were established below, explain how they work and assess how successful they have been in achieving their aims.
Why did the government establish Child Focused Courts?
In some respects Child Focused courts have been established as a way to bolster the so-called paramountcy principle contained in Section 1(1) of the Children Act 1989. This makes clear that the child’s welfare and best interests always come first in Child Arrangement applications. The wishes of the parents are secondary.In developing the courts, the government appears to have concluded that a system beset by delay could not be in the best interests of children. Severe backlogs mean children and families are left in limbo for months and even years. Alarmingly, where there are allegations of abuse children and abused parents are left in harm’s way.
A 2020 report into the risk of harm to parents and children in family court proceedings criticised the failure of courts to investigate cases properly in the early stages. With little information to go on initially, judges required further reports and assessments as proceedings progressed, exacerbating the delay and uncertainty for litigants and children.
Child Focused Courts are intended to end the situation where children become locked into prolonged family disputes. They do this by putting the child’s safety and welfare at the heart of everything the court does, gathering information more quickly and streamlining court processes to reduce delays.
How do Child Focused Courts Work?
The courts operate by putting the child front and centre of proceedings. Applications generally proceed as follows:
- Child Focused Courts still require parents to attempt mediation, and a MIAM (a Mediation Information and Assessment Meeting) must be attended in most cases where there are no domestic abuse allegations. The meeting is aimed at establishing whether the child dispute can be resolved out of court
- Once an application is made under S8, an initial gatekeeping or triage exercise will be carried out, and a dedicated Case Progression Officer is appointed to manage the case to a conclusion
- Following this, a Child Impact Report (CIR) is produced. Cafcass becomes involved much earlier than was previously the case. This is in many ways the distinguishing feature of Child Focused Courts. In contrast to mainstream family court procedure, the CIR aims to front load all relevant information about the child and their circumstance so that decisions can be taken earlier. The report will include details about where children live and how they are cared for, their day‑to‑day experiences and it will identify any concerns about harm or risk
- The CIR is then reviewed by a judge. This is done in the absence of the parties. Depending on the report, the judge can request the parties to engage in mediation or some other form of Non Court Dispute Resolution. But crucially the court can also reach a decision at this stage based on the CIR alone. If the judge feels unable to reach a decision without hearing from the parties, then a hearing will be arranged with parents to resolve matters.
The goal is to complete theses stages in around 10 weeks. If a full hearing is necessary, it should be scheduled just a few weeks after the judge has reviewed the CIR.
Have Child Focused Courts Succeeded?
According to the government, backlogs in courts using the Child Focused Court approach halved and cases reached a conclusion more quickly. In some cases resolution was found up to seven and a half months earlier than typical family child arrangement proceedings. Building on this start, the government has indicated its intention to roll Child Focused Courts out across the entire court system in England and Wales over the next few years.
The courts however are not without criticism. It has been pointed out that quick decisions do not always lead to the best outcomes. There is particular concern about complex cases where, for example there are allegations of abuse or alienating behaviours by one parent. The fear is that in the push to gather information quickly for the CIR the more nuanced analysis that may be required in such cases will be lacking. This could lead to poor decisions being made that result in the uncertainty of lengthy appeals or attempts to implement child arrangements that prove unworkable in practice.
Comment
Child Focused Courts are in the initial stages of development, and there is no data on how robust the decisions they reach are. For parties involved in Child Arrangement cases the way cases are now front loaded is important, and it means that early legal advice is crucial.
Finally, while Resolution, has welcomed certain elements of the initiative. It has pointed out that judges involved in the pilots have spoken positively about the ability to make safer, more proportionate decisions without the need for repeated hearings. At the same tome the organisation has warned that faster decisions simply won’t happen without allocation of additional resources.