Request for a Pilot Programme: A Mandatory Three-Tier Family Justice Triage Assessment Framework

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Dear Minister / Member of Parliament,

From: Deanna Newell

Founder - DN Family Law | Campaign Lead – Reform That Works

I am writing to ask the Government to consider introducing a pilot programme to test a Mandatory Three-Tier Family Justice Triage Assessment Framework across the Family Justice System and Child Maintenance Service (CMS).

The Government has recently recognised the value of pilot programmes when testing reforms within public services, including reforms to the GP "fit note" system before wider implementation.

This raises an important question:

If pilot programmes are considered essential before changing healthcare systems, why are we not applying the same evidence-based approach to reforming family justice and child maintenance services?

Every year, thousands of children and families enter the Family Courts and the Child Maintenance Service. While some cases are straightforward, others involve:-

• Domestic abuse

• Coercive control

• Economic and financial abuse

• Complex income structures

• Self-employment and company ownership

• Safeguarding concerns

• Disputed child arrangements; and

• Children with additional needs, including neurodivergence

And yet too often, families enter the system through a broadly similar process regardless of complexity.

Children and families need a system that identifies complexity earlier and provides the right level of assessment at the right time.

Starting with the Child Maintenance Service

The Child Maintenance Service provides a practical starting point for a pilot programme.

The CMS already collects financial information that could assist in identifying cases requiring enhanced assessment.

Rather than waiting until disputes escalate into lengthy family proceedings, earlier structured assessments could help identify cases where additional investigation, safeguarding consideration or specialist support may be appropriate.

A pilot could test whether information gathered through CMS processes, subject to appropriate legal safeguards, confidentiality requirements and data protection obligations, could support better decision-making across the wider family justice system.

This could reduce duplication, improve coordination between agencies and provide a clearer understanding of each family’s circumstances.

A More Complete Financial Picture

Many family disputes involve financial circumstances that extend beyond employment income. Where relevant to child welfare and financial support, assessments should consider:-

• Employment income and non-PAYE income

• Self-employment and company structures

• Dividend income

• Trusts and investments

• Property ownership and beneficial interests

• Mortgage-free properties

• Mortgage payments made on behalf of another person

• Transfers of property or assets following separation

• Pension assets and pension-sharing arrangements; and

• Other financial resources that may affect a parent’s ability to support their children.

The purpose is not to assume wrongdoing.

The purpose is to ensure that decisions affecting children are based on an accurate and complete understanding of the family’s circumstances.

Recognising Economic Abuse

Economic abuse is recognised as a form of domestic abuse and can continue long after separation.

Some parents leave relationships without access to housing, savings, pensions or financial security, while still carrying the responsibility of meeting their children’s daily needs.

Where supported by evidence, assessments should consider whether financial arrangements, asset transfers, income structures or child maintenance disputes form part of a wider pattern of coercive control or economic abuse.

Earlier identification could allow families to access appropriate safeguarding, financial assessment and specialist support.

Considering the link between Child Arrangements and Financial Matters

The pilot should also examine whether child arrangements and financial matters are interconnected in some cases.

Where evidence supports consideration, assessments should explore whether:-

• A child’s relationship with either parent is being unnecessarily restricted

• Overnight care arrangements are being disputed or altered in circumstances linked to financial matters

• Financial considerations appear to be influencing child arrangement decisions

• Child arrangements are being used as a method of pressure or control; or

• Financial and parenting disputes are contributing to prolonged conflict affecting children.

This approach is not about assuming improper motives by either parent.

It is about ensuring that where evidence indicates that financial and child arrangement issues are connected, they are assessed together with the child’s welfare remaining the central consideration.

The Proposed Three-Tier Family Justice Triage Assessment Framework

Tier 1 – Standard Assessment

All families receive an early assessment focusing on:-

• Children’s welfare

• Safeguarding

• Family circumstances; and

• Any immediate support needs

Tier 2 – Enhanced Financial and Family Assessment

Cases involving additional complexity receive enhanced assessment, including consideration of:-

• Domestic abuse

• Coercive control

• Economic abuse

• Complex financial arrangements

• Disputed finances

• Children with additional needs; and

• Significant conflict between parents

Tier 3 – Court and Multi-Agency Review

The most complex cases receive coordinated oversight involving appropriate agencies.

Where supported by evidence, Tier 3 assessment should consider whether:-

• Restricted child contact may form part of a wider pattern of coercive control or economic abuse

• Child maintenance has been significantly underpaid or avoided

• Income has been minimised where financial information is relevant

• Child arrangements and financial disputes are interconnected

• Financial decisions are being used to create hardship or influence parenting arrangements; and

• Property, mortgage, pension or asset arrangements are relevant to understanding the child’s circumstances

Why Pilot the Framework?

A pilot programme would allow Government to evaluate whether this approac:-:

• Identifies complex cases earlier

• Improves safeguarding outcomes

• Reduces unnecessary delays

• Improves financial transparency where appropriate

• Strengthens collaboration between the Family Courts, Cafcass, CMS, HMRC and other agencies

• Provides decision-makers with better information earlier; and

• Improves outcomes for children

Building an Evidence Base

Major reform should be evidence-led.

A pilot would allow Government, the judiciary, Cafcass, CMS, HMRC, academics, family law professionals and families with lived experience to assess whether this framework improves outcomes before considering national implementation.

This is not about creating unnecessary bureaucracy. It is about ensuring families receive the right assessment, at the right time, based on their individual circumstances.

Recommendations to Government

I respectfully recommend that the Government:-

1. Launch a pilot programme of the Mandatory Three-Tier Family Justice Triage Assessment Framework, beginning with the Child Maintenance Service.

2. Evaluate whether structured CMS financial assessments can support Family Court decision-making, subject to legal safeguards.

3. Assess whether earlier financial and safeguarding identification improves outcomes for children.

4. Strengthen information-sharing and collaboration between the Family Courts, Cafcass, CMS, HMRC and relevant agencies.

5. Publish the findings to inform future Family Justice and Child Maintenance reform.

Reform That Works

Children should not have to wait years for systems to understand their family’s circumstances. Early identification, proportionate assessment and better coordination between services have the potential to create a family justice system that is fairer, safer and more transparent.

If pilot programmes are the right approach for testing reform in healthcare, the same evidence-based approach should be applied to family justice.

I ask the Government to:

Pilot the Mandatory Three-Tier Family Justice Triage Assessment Framework.

Start with the Child Maintenance Service.

Build the evidence.

Create a system that puts children first.

Yours faithfully,

Deanna Newell

Founder, DN Family Law | Campaign Lead – Reform That Works

Reform That Works: Building a Fairer, Safer and More Transparent Family Justice System

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 Deanna Newell | Founder | DN Family Law

Advocacy for truth-tellers, survivors, and the children who deserve better