At Hogans, we are committed to staying at the forefront of developments in the law as it relates to our areas of expertise, ensuring that our clients receive the most informed and compassionate legal support during what are often the most challenging times of their lives. As the landscape of family law evolves, we remain dedicated to advocating for the best interests of families, with a particular focus on the welfare of children.
In line with our commitment to staying informed on the latest family law developments, we closely monitor key updates that shape the practice of family law:
The President of the Family Division, Sir Andrew McFarlane, has provided significant updates and reflections in his recent "View from the President’s Chambers," published last month. His insights highlight ongoing transformations within the UK family law system, particularly focusing on private law cases involving children and the broader implications of these changes for the family justice system.
The Transformation of Private Law Children Cases: Pathfinder Courts
A key focus of Sir Andrew McFarlane’s update is the progress of the Pathfinder model, a new approach to handling private law children cases. Traditionally, the UK’s family law system has been litigant-led, often leading to prolonged disputes between parents that ultimately impact the welfare of the child. The Pathfinder model, introduced in 2021, represents a shift towards a more child-centred approach, emphasising early intervention and problem-solving rather than adversarial litigation.
The Pathfinder model was initially piloted in North Wales and Dorset, and due to its success, it was expanded to Birmingham and Cardiff in early 2024. The model is distinguished by its use of the Child Impact Report, a comprehensive assessment conducted by CAFCASS or CAFCASS Cymru before the first court hearing. This report outlines the dispute and includes the wishes and feelings of the children involved, allowing the court to engage with the parents in a more informed and constructive manner.
The results of the Pathfinder model have been promising. Most cases are resolved at the first hearing, significantly reducing the backlog of cases and the associated delays that can exacerbate family tensions. Additionally, there has been a notable decrease in cases returning to court for enforcement or further disputes, indicating a more durable resolution of issues.
The success of the Pathfinder model has led to calls for its expansion across the UK. However, this requires additional funding to support CAFCASS and CAFCASS Cymru in managing both new and existing cases. Sir Andrew McFarlane has expressed optimism about discussions with ministers to secure the necessary resources for broader implementation.
Strengthening Mediation: The Revamped MIAM Regime
In conjunction with the Pathfinder initiative, the Mediation Information and Assessment Meeting (MIAM) regime has undergone significant revisions. The changes introduced in April 2024 are more than just procedural tweaks; they represent a comprehensive tightening of the mediation process. The new regime limits exemptions and requires evidence to support claims for exemption. Courts are now mandated to send parties back to mediation if they have not attended a MIAM without valid exemption. This measure aims to encourage non-court resolution of disputes, aligning with the broader goals of reducing court caseloads and promoting amicable settlements.
Addressing Domestic Abuse: Collaboration and Awareness
Domestic abuse remains a critical concern within the family justice system. The Pathfinder courts have demonstrated the benefits of close collaboration between the judiciary and local domestic abuse professionals. Sir Andrew McFarlane has called on Local Family Justice Boards (LFJBs) to include representatives from domestic abuse services to enhance understanding and address the issue more effectively.
With the International Day for the Elimination of Violence Against Women approaching on 25th November, the President has urged LFJBs to mark this event and promote awareness during the 16 days of activism against domestic abuse. This call to action underscores the judiciary's commitment to protecting vulnerable individuals within the family justice system.
Public Law: The Relaunch of the Public Law Outline (PLO)
In the realm of public law, the relaunch of the Public Law Outline (PLO) 18 months ago has brought renewed focus on timely resolution of care and supervision cases. Despite progress, unacceptable backlogs remain, and Sir Andrew McFarlane has announced plans to reinvigorate the PLO through national and regional webinars. These efforts aim to clarify the role of the Issue Resolution Hearing (IRH) and address concerns about local cultures that may be hindering the PLO's effectiveness.
Looking Ahead: Priorities and Innovations
The Family Justice Board has set six key priorities to be achieved by March 2025, focusing on reducing case backlogs, improving timeliness, and enhancing the experience of children and domestic abuse survivors in private law proceedings. These targets reflect a collaborative effort across various agencies, including the Ministry of Justice, CAFCASS, and local authorities.
In addition to these initiatives, the digitisation of Family Court processes continues, with ongoing trials of new systems aimed at streamlining case management. The launch of the Suspected Inflicted Head Injury Service (SIHIS) pilot, involving multidisciplinary teams within the NHS, is another innovative step towards improving the handling of complex medical evidence in family law cases.
Conclusion: A Child-Centred Future for Family Justice
Sir Andrew McFarlane’s July 2024 update outlines a clear direction for the future of family justice in the UK—one that prioritises the welfare of children, supports victims of domestic abuse, and seeks to reduce delays and conflict in the court system. The successes of the Pathfinder model offer a blueprint for reform, but the broader implementation of these innovations will require continued investment and cultural change within the judiciary.
Are you in need of expert solicitors specialising in family law? Look no further than Hogans Solicitors. Our firm takes pride in having one of the largest teams of Children Law Accredited specialists in the North West. You can find full details using the link below.
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