Children Act Application and The Pathway (Pathfinder) Programme

Categories: News

The family courts in England and Wales have long faced criticism for delay, fragmentation, and a system that can feel adversarial for parents and traumatic for children.

In response, the Ministry of Justice (MoJ) introduced the Pathway Programme – commonly referred to as the Pathfinder Programme – to reform private law children proceedings and create a system that is more investigative, child‑focused, and efficient.

The pilot programme is being rolled out in areas across the country and was launched in Shropshire and Staffordshire in November 2025.

It’s too early to comment on the situation close to home but, nationally, the signs are positive. Recently published data showed courts involved in the pilot resolved cases 11 weeks earlier on average – and the backlog of cases has reduced by over 50% since the start.

Background

The Pathway Programme was developed following the Harm Report and aims to shift from litigation-led processes toward early information-gathering and holistic problem‑solving.

What kind of application does this apply to? 

The model applies to proceedings for an order under section 8 of the Children Act 1989 (child arrangements order, specific issue order, prohibited steps order) and proceedings for an enforcement order following an alleged breach of a child arrangements order.

How the Programme Works: A Two‑Stage Process

Stage 1 – Early Information Gathering & the Child Impact Report (CIR): Agencies gather safeguarding information before any hearing, and CAFCASS prepares a CIR summarising risks, welfare issues, and the child’s needs.

Stage 2 – Judicial Decision-Making and Problem‑Solving: Judges use the CIR to decide next steps, including mediation referrals, assessments, interim orders, or decision hearings.

Key Principles of the Programme include early safeguarding, child-centred focus, enhanced domestic abuse protections, and a less adversarial multi‑agency approach.

How will this work in practice?

Once an application is made court admin or a Case Progression Officer will conduct initial checks and if there is an urgent issue identified then this can be dealt with. Either the court will make an order for urgent directions, or an urgent hearing can be listed depending on the issues. A Child Impact Report will then be ordered. 

If there are no urgent issues and the application is complete, a reminder here that mediation still needs to be attempted and if it hasn’t been done the court can order it or refuse to issue until it’s completed, it goes to gatekeeping to be reviewed and a Child Impact Report is ordered. This gatekeeping should take place within 1-5 working days. 

The next stage is the information gathering and assessment stage with initial screening and safeguarding checks (from police and children’s services) being completed by CAFCASS. A Case Progression Officer will contact families explaining the process and will deal with case progression, any non-compliance or extension requests and review with the Judiciary as required. CAFCASS will, where appropriate, meet with the child or children and parents and gather information from relevant organisations. This work can include risk assessments, and they will develop recommendations for the final report and discuss with the family. The time frame for this is from day 5 to week 6 – 8, but this may vary between different regions. 

Next comes the interventions and decision hearing. This should occur around week 7 – 9, with the final report and its recommendations being sent to the court. It is then reviewed at a triage hearing. The parties do not need to attend this hearing. If at this stage further case management is required then the court can explore a Fact Finding hearing, where appropriate, or any additional reports, documents and/or evidence and interim orders can be considered and made before proceeding to a hearing. If none of these are required, then it will proceed to mediation or a decision/final hearing or there will be a final agreement. This takes us into week 8 – 10 and onwards. 

At a decision/final hearing the court can make various orders including an order by consent, a Family Assistance Order (in some cases) or child arrangements order without consent. 

Conclusion

The initial data is positive and suggests that this approach could produce significant results.

Parents with prior experience of Child Arrangement Programme (CAP) found the Pathfinder process to be more efficient, indicating improvements have been made.

However, it does make it more important that the issues are clearly set out in the initial application, so early advice is key. 

At ORJ, we have experienced family lawyers who are well versed in section 8 proceedings and the challenges they bring.

Speak to our team today for compassionate, expert advice to help you move forward. Call 01785 223440 or email team@orj.co.uk.