Pathfinder – what is it and how will it affect me in Children Act proceedings?
Pathfinder is the new pilot run by the court in relation to Children Act proceedings. As you may or may not be aware, West Yorkshire is commencing the Pathfinder pilot which commences on Tuesday 3 June 2025.
Pathfinder provides a much more streamlined approach to the previous First Hearing Dispute Resolution Appointments (FHDRA), Dispute Resolution Appointments (DRA) and these will no longer be listed. The other difference is that safeguarding letters will no longer be undertaken by CAFCASS.
The Children Act 1989, Practice Directions and Family Procedure Rules 2010 as amended, continues to apply. The modifications across West Yorkshire for Pathfinder can be found in Practice Direction 37Z – Pilot Scheme: Private Law Reform: Investigative Approach.
Pathfinder only applies to specific private law proceedings issued on or after 3 June 2025. Cases that have been issued before this date will follow the old procedures when previously the court have listed in person dispute resolution appointment hearings when the court decided issues concerning the appropriate directions for case management of cases such as filing of reports prepared by CAFCASS, required Statements of parties and whether other expert reports required.
The overview is as follows:
Day 1 – The court will check the application for completeness and request information from the local authority to determine whether they have had any recent involvement within the last 12 weeks. The matter will then be referred to a legal adviser for Gatekeeping One.
Day 2 – Gatekeeping One will take place. The legal adviser will direct the local authority if they have had contact within the last 12 weeks or CAFCASS to file a Child Impact Report within eight weeks. There will be an Order issued to the relevant body to commence preparation of the Child Impact Report and a referral for Domestic Abuse support if required.
Days 7 to 10 - A case progression officer tracks the case and makes contact with any party who is unrepresented to check that they have received the documentation and they will also explain what has been directed including court dates and key dates, a full record of this call is made.
Weeks 7 to 8 – The case progression officer will contact either the local authority or CAFCASS to check the Child in Need Report will be filed as directed.
When this report is filed the case progression officer will track the receipt, preparing the application and then refer this to Gatekeeping Two.
Week 9 – Gatekeeping Two Judge or Legal Adviser will consider the Child Impact Report. The case will then either be allocated to the Lay Justices or to a District Judge. An Order can be made if appropriate or listed for a decision hearing within two weeks. The case progression officer will make contact with the litigant in person to ensure that they understand the next steps.
Week 11 – Decision Hearing before a Judge or Magistrate across West Yorkshire, that being Leeds, Bradford, Kirklees and Wakefield. The time estimate will be one hour before the Judiciary or 1½ hours before the Magistrates. The report writer of the Child Impact Report is not expected to attend and this hearing will be treated as a problem solving hearing with the aim of resolving the application.
Week 11 plus – A Final Hearing will be listed as required but this is expected to be the exceptional rather than the norm. It is expected that all cases will be dealt with at the Decision Hearing and brought to a conclusion.
In relation to the Child Impact Report, these will differ from the safeguarding letters. These will be different as follows:
- They will include a photograph of the child.
- They will centre around the child at the heart of the proceedings.
- Contact will be made with the child as appropriate.
- Discussions with the child about how the decision of the court will be fed back to the child.
- Multi-agency approach including referral to IDVA for domestic abuse victims.
- More detailed and in depth analysis report.
- Key information relevant to early decision making. There is an expectation that it will contain sufficient detail in order to allow a decision to be made by the court on the basis of the Child Impact Report.
- The Child Impact Report will provide detailed analysis and recommendations and be clear. It will include the child and parents’ views on the options suggested.
How can Emsleys Solicitors help?
Bearing in mind the new Pathfinder process, it is imperative that the application to the court is made and completed with as much detail as possible but also contains the correct information to allow the court and the report writer to consider your case carefully. Without the correct information, your application may be dismissed or dealt with without a Court hearing.
Emsleys Solicitors’ have the expertise to ensure that you are provided with the very best advice, guidance and representation to ensure the best possible outcome for you and your children.
