Child Focused Courts Are Expanding Nationwide

Child Focused Courts Are Expanding Nationwide

1. A Revolution in How Children Cases are Dealt With

A quiet revolution is taking place in the way that family courts deal with cases between parents concerning arrangements for their children. And if the early signs are correct, it should be good news for all concerned, specifically the children at the centre of the cases.

The revolution comes with the Government’s announcement in March that ‘Child Focused Courts’, which have previously been piloted as ‘Pathfinder’ courts, are to be rolled out across all family court areas in England and Wales over the next three years, following a very positive evaluation of the Pathfinder pilots.

The Child Focused model used by the courts is designed for all court users, but with a particular focus on the voice of the child, and on improving the family court experience and outcomes for survivors of domestic abuse, including children and litigants in person.

In this article we will look at exactly what Child Focused Courts are, and how the Child Focused model differs from the way that children cases have been dealt with up to now.

We will also examine how it is hoped that the Child Focused model will improve upon the existing system, including looking at the views of judges and others involved in children cases.

Lastly, we will look at exactly how Child Focused Courts are being rolled out across England and Wales, and what it means for those who will have to wait for the courts to be established in their areas.

2. What are Child Focused Courts?

There are many ways to summarise the Child Focused model, but perhaps the simplest, and most obvious, is to say that it puts the child at the centre of the proceedings, rather than the parents.

Until now the system has encouraged parents to view the court process as a ‘battle’ between them, with each parent concentrating upon what they consider to be their ‘rights’ in relation to their children.

The Child Focused model moves away from that, with an entirely new approach to children cases.

The main features of Child Focused Courts include:

• Earlier Information Gathering: Under the old system the courts had little or no knowledge about the case at its start, only finding out important issues as the matter progressed, perhaps months after the case began. The Child Focused model changes that by ensuring that the court has the essential information, as early as possible in the proceedings. Central to this is what is perhaps the greatest innovation of the model: The Child Impact Report. The Child Impact Report is prepared by Cafcass at an early stage in the proceedings (under the old system Cafcass would not usually report to the court until some months into the proceedings). As the name suggests, the Child Impact Report gives an insight into the impact of what is happening upon the child, thereby encouraging the parents to consider how they might make things better for the child, rather than just concentrating upon their own ‘rights’. The report will also identify any risks to the child’s welfare, for example when they’re experiencing domestic abuse, so that the court can address such issues, at an early stage.
• Less Adversarial Approach: The old system operated an ‘adversarial’ approach, pitting one parent against the other. This could mean, for example, that each parent would file lengthy statements, setting out often irrelevant allegations against the other parent. The Child Focused model moves to a more ‘inquisitorial’ approach, where the focus is upon establishing the truth, and looking for solutions, rather than encouraging conflict.
• Fewer and Faster Hearings: Under the Child Focused model cases will be significantly streamlined, usually involving fewer and faster court hearings than under the old system. As we will see in a moment, this can result in cases being dealt with considerably more quickly than under the old system.
• Focus in the Voice of the Child: As we have already seen, theChild Focused model puts the child at the centre of everything. One way that it will do this is by giving greater emphasis to the “voice of the child”. It has long been the case that the courts take into account the ascertainable wishes and feelings of the child concerned, considered in the light of their age and understanding, but the new model gives this a greater emphasis, at an earlier stage in the proceedings, to ensure that the child’s experiences inform decisions, and are not overlooked.
• Early identification of Risk and Abuse: We have already touched upon this above, by reference to the Child Impact Report. The Child Focused model ensures that safeguarding concerns and domestic abuse are identified and addressed sooner, ensuring that children and abuse victims are given the protection they need.
• Greater Coordination with Other Agencies: Lastly, the Child Focused model recognises that children cases often involve other agencies, such as the police, local authorities, and domestic abuse services. The model will bolster coordination between the court and these agencies, thereby ensuring that the families involved receive the support that they require.

3. How are Child Focused Courts Better?

We have already given some indication above about how it is believed that the Child Focused model will deliver a better service for all involved in children cases. Specifically, the advantages of the model include:

• Speedier Outcomes: The Pathfinder pilot indicated that the new model will indeed result in cases being dealt with more quickly than under the old system. In fact, several pilot areas saw family court backlogs halve, and cases resolved up to seven and a half months faster. Obviously, this can only be a good thing, sparing months of trauma for all concerned, especially the children.
• Safer outcomes: The earlier safeguarding checks and better coordination with domestic abuse support services mentioned above should help to ensure safer outcomes for children at risk and victims of domestic abuse.
• Less Conflict: Central to the new model is the encouragement of a child-centred, less adversarial approach, which should help to reduce conflict between parents, making it more likely that they will resolve matters between them by agreement, both now and into the future.
• Fewer Cases Returning to Court: Lastly, on the subject of the future, it is hoped that the better outcomes resulting from the Child Focused model will be more sustainable, thereby reducing the need for cases to return to court.

Certainly, judges and others involved in the family justice system are welcoming the roll-out of Child Focused Courts.

Sir Andrew McFarlane, the former President of the Family Division, described the announcement as a “game changer” for the family justice system, saying that: “The model benefits families and indeed the whole system with fewer hearings, a better understanding of domestic abuse, and less parents returning to court because the arrangements have broken down”.

And the judicial lead for Child Focused Courts, Mrs Justice Gwynneth Knowles, said: “The positive thing about a Child Focused Court is that it does what it says on the tin – it puts the child’s safety and welfare at the heart of everything the court does. The emphasis on talking to children whenever we can is long overdue. That, together with the front loading of information about a child’s circumstances in the Child Impact Report, helps parents and the court focus on what the child’s safety and welfare demand early in the legal proceedings. I am clear that this promotes earlier resolution and better, longer lasting decisions which can only be good for children and their families”.

And finally, Jacky Tiotto, the Chief Executive of Cafcass, reported that her colleagues at Cafcass had praised the benefits of the Child Focused model, stating: “all say that children being at the centre of their own proceedings with the loudest voice is what is most likely to transform outcomes for them. It is so encouraging to see one system working to this end.”

4. How Child Focused Courts are being Rolled Out across England and Wales

Child focused courts (then known as ‘Pathfinder’ courts) were first piloted in 2022, in courts in North Wales and Dorset.

Since then, the pilot has been expanded, and the Child focused model is now live in 10 court areas including:

• All of Wales;
• West Yorkshire;
• Birmingham;
• The West Midlands;
• Dorset; and
• Hampshire and the Isle of Wight.

The Child Focused model is now to be expanded across all of England and Wales, over the next three financial years.

The next eight court areas to launch the Child Focused model in the 2026-2027 financial year will be:

• Northumbria and North Durham;
• Cleveland and South Durham;
• Lancashire;
• Cumbria;
• York and North Yorkshire;
• Cheshire and Merseyside;
• Northamptonshire; and
• Coventry and Warwickshire.

The model will be rolled out to the rest of the 43 court areas in England and Wales in the following two financial years.

But just because the model has not been rolled out to a particular area does not mean that things will continue as before. Before leaving office Sir Andrew McFarlane indicated that new guidance is being given to judges sitting in non-Child Focused model areas, aimed at reducing court backlogs, utilising lessons learned from the courts that piloted Pathfinder. Part of the approach that is described in this guidance, he said, “is based on the [Child Focused model] and, in this way, every court will begin to adopt the new thinking, although the key elements of an early Child Impact Report and enhanced professional domestic abuse support will not yet be available in their area.”

Sir Andrew summarised the situation thus: “From now on the [Child Focused model] cannot any longer be seen as a ‘pilot’. The time has come for all parts of the family justice system to recognise [Child Focused model] as part of business as usual and adapt their ways of working to accommodate its structure.”