A revolutionary change in private children proceedings? The Pathfinder Programme

The pilot, which was initially launched in Dorset and North Wales in 2022, is undergoing continuous expansion. At the time of this article, the Pathfinder Programme is being piloted at 33 Courts in England & Wales:

1. Bournemouth;
2. Caernarfon;
3. Mold;
4. Prestatyn;
5. Weymouth;
6. Wrexham.
7. Blackwood;
8. Cardiff;
9. Merthyr Tydfil;
10. Newport;
11. Pontypridd.
12. Birmingham.
13. Swansea;
14. Port Talbot;
15. Llanelli;
16. Haverfordwest;
17. Aberystwyth;
18. Carmarthen.
19. Bradford;
20. Huddersfield;
21. Leeds;
22. Wakefield.
23. Dudley;
24. Hereford;
25. Kidderminster;
26. North Staffordshire;
27. Redditch;
28. Stafford;
29. Stoke-on-Trent;
30. Telford;
31. Walsall;
32. Wolverhampton;
33. Worcester.

The pilot has overhauled the process involved when an application is made to the Court under Section 8 of the Children Act 1989, namely applications for a) a child arrangements order b) a specific issue order and c) a prohibited steps order along with enforcement proceedings following an alleged breach of any of the aforementioned orders. It provides for a more in-depth review of the case at a much earlier stage.

The first step is that Cafcass meet with the parents and the child (depending on their age and if appropriate) and prepare a ‘Child Impact Report’ at the point that they would usually prepare an initial Safeguarding Letter to the Court. This report provides a detailed analysis, including but not limited to: the current arrangements, information gathering and assessment, analysis of the issues, whether any further evidence is required and recommendations and the child’s view of those (if applicable depending on their age and if appropriate). The next step is for the Court to review the Child Impact Report. At this stage, the Court will determine how to proceed and whether to recommend non-court dispute resolution such as mediation. If it is considered that the case should remain within the Court remit, the Court will consider the interim arrangements, whether any further evidence is necessary and list a hearing.

At DMH Stallard, our experience has been that the Child Impact Report is similar to a Section 7 Report, in its level of detail and involvement of the parties and the child, if appropriate. This shift prevents the common delay in awaiting the Section 7 Report, which can be up to 6 months and ultimately result in adjourned hearings. It has been incredibly valuable and beneficial for the parties to receive such a detailed and thorough report at such an early stage in the process. It is hoped that having the benefit of Cafcass’ recommendations for the child at this stage will result in more cases being resolved a) more swiftly and b) outside of Court proceedings and in non-court dispute resolution.

The pilot was initially only rolled out in Dorset and North Wales in 2022, and is now utilised in 33 Courts in England & Wales. This phased expansion suggests a strong commitment to potentially adopting the model nationwide. It appears that the feedback has been largely positive, and reflected in a recent report “initial evaluations suggest the new model improves experiences for victims of domestic abuse, and reduces average case durations.” (House of Commons Improving Family Court Services for Children Report, 4 September 2025).

Could this be the new procedure for all Section 8 proceedings? By ensuring the child’s voice is heard earlier, identifying risk more effectively, and reducing adversarial conflict, the pilot offers a clear pathway to achieving the goal of significantly and permanently improving Family Court services for children.

For further information about how the Family Law team at DMH Stallard can help with child arrangement cases, get in touch by email or call +44(0) 3333 231 580.

The pilot is addressed under Practice Direction 36Z – The Pilot Scheme: Private Law Reform: The Investigative Approach.