Addressing Delays and Backlogs in Private Law Cases: Government Proposals and Pathfinder Court Expansion

In a bid to tackle the long delays and growing backlog of private law cases in England and Wales, the Ministry of Justice has unveiled new proposals aimed at streamlining the process and ensuring timely resolutions for families involved in disputes over children’s living arrangements and contact.

Recent data from the MoJ has revealed that private law cases, which involve decisions regarding children, were taking an average of 45 weeks to reach a conclusion between July and September 2023. This delay has prompted the government to take action to address the issue and improve the efficiency of the family court system.

One of the key initiatives being introduced is the expansion of “pathfinder courts”, which have been piloting a new approach to resolving private law children cases where there are allegations of domestic abuse. These courts, which have been operating in north Wales and Dorset since March 2022, aim to enhance information sharing between agencies such as the police, courts, and local authorities to ensure better outcomes for children and families.

Baroness Carr, the lady chief justice, recently announced plans to roll out the pathfinder courts to Birmingham and Cardiff in the spring of this year. She emphasized the importance of involving the Children and Family Court Advisory and Support Service (Cafcass) from the beginning of a case to prioritize the voice of the child and ensure their needs are at the forefront of decision-making.

While the extension of the pathfinder pilot has been welcomed by organizations like Women’s Aid, they have also highlighted the need for broader reforms in the family court system. They have called for comprehensive training on domestic abuse for all judges, magistrates, and professionals involved in family court proceedings to ensure that victims are adequately supported and protected.

As efforts continue to reduce delays in both private and public family law cases, the government and judiciary are working towards implementing changes that will improve the overall experience for families navigating the legal system. The ultimate goal is to prioritize the well-being and best interests of children while ensuring that cases are resolved in a timely and efficient manner.