Pathfinder pilots more than halving timescales in family courts

Pathfinder courts, currently being piloted in South East Wales, North Wales, Birmingham and Dorset, are reducing the time it takes from court application to final order; in some cases more than halving it in newly released figures from the Ministry of Justice. 

The average time it takes from receipt of application to final order has reduced significantly in courts where the Pathfinder project is being piloted. Beginning in North Wales and Dorset Pathfinder courts follow a more streamlined approach to private law issues, featuring earlier intervention and information gathering to inform proceedings and reducing the number of cases returning to court. The programme was rolled out to South East Wales and Birmingham in 2023 where figures show the average timescales of matter from application receipt to final order have reduced from 29 weeks in North Wales in 2022, to 18 weeks by November 2024; and in Dorset from 38 weeks to 27.

In South East Wales the results are more impressive with average timescales reducing from 37 weeks in August 2023, to 12 weeks in August 2025. In Birmingham over the same period there has been a fall from 53 weeks to 23.

Equally as important is the fall in open caseloads which have more than halved with South East Wales going from 1082 open cases in August 2023, to 450 by August 2025; in Birmingham the number fell from 1456 to 648. It’s a similar story in North Wales and Dorset where open case loads fell from 478 to 202 from February 2022 to November 2024, and 511 to 246 respectively.

The Pathfinder process differs from existing procedure as follows:

• Unless a party qualifies for an exemption, both must attend a Mediation, Information and Assessment Meeting (MIAM)
• Filing of the C100 form
• The application is picked up and directions are given for Cafcass to prepare a safeguarding letter, and a first hearing is listed within 6-8 weeks
  Court hearing 1 – First Hearing Dispute Resolution Appointment (FHDRA)
• If a section 7 report is ordered at the FHDRA, this can take up to 12 weeks to complete.
• Court hearing 2 – Dispute Resolution Appointment (DRA)
• Court hearing 3 – Final Hearing (if necessary)

The process for the Pathfinder scheme is as follows:

• Unless a party qualifies for an exemption, both must attend a Mediation, Information and Assessment Meeting (MIAM)
• Filing of the C100 form
• The application is picked up within 48 hours and directions are given for Cafcass to prepare a Child Impact Report (CIR) within 40 days (this replaces the safeguarding letter and section 7 report) providing for a more comprehensive report in a shorter time frame which allows for quicker decision making
• Gatekeeping / case management appointment where the court determines the next steps and whether a hearing is necessary (parties do not attend this appointment)
• Decision hearing (if deemed necessary and this can be effective as a final hearing)
• Review hearing (means of assessing how the order is working in practise)

The Ministry of Justice has recently been criticised by Parliament for its failure to adequately prepare a plan for further rollout of Pathfinder across the courts. In May the National Audit Office was critical of what it described as a lack of a joined up approach to proceedings and issues with accountability within the courts service. It also identified over 4,000 children were in proceedings lasting nearly two years or more as of December 2024, despite the Government’s time limit of 26 weeks.

In September the Public Accounts Committee said children and families are being let down by unacceptably long delays in family courts, and inconsistent timescales across the country. Committee chair Clive Betts added despite positive evaluations, wide stakeholder support, and the potential to improve timeliness the rollout of Pathfinder has been ‘slow’, calling for a plan to introduce wider rollout ‘within the next 12 months.’