The Pathfinder Pilot Is Failing Families — Here’s Why It Matters

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Many survivors, professionals, and campaigners have raised serious concerns about the Pathfinder pilot — particularly the inconsistent use (or complete omission) of Integrated Domestic Abuse Risk Assessments (DARA) in private family law cases.

The pilot promised change. But in practice, it is failing to protect the very families that it was designed to help.

What Is the Pathfinder Pilot?

The Pathfinder is a pilot programme introduced in the family courts as part of the Private Law Reform initiative in England and Wales.

It aims to improve how the courts handle private law children cases — such as disputes between separated parents over contact or residence — especially where domestic abuse, coercive control, or safeguarding concerns are involved.

Launched in response to deep-rooted failures in the existing system, the pilot was initially introduced in:-

• North Wales (Caernarfon)

• Devon (Exeter)

It has since been rolled out to more courts under Practice Direction 36Z, a temporary rule that allows a different case management process to be used.

What Pathfinder Promised

The pilot introduced several key features:-

1. Earlier and better information gathering

Courts receive police, social care, and safeguarding records at the start of proceedings, helping to identify risk sooner.

2. Integrated Domestic Abuse Risk Assessments (DARA)

Specialist professionals assess patterns of abuse, including coercive control — not just isolated incidents.

3. Fewer unnecessary hearings

The aim is to reduce delays and trauma by minimising litigation.

4. Child-centred, trauma-informed approach

Greater emphasis is placed on the child’s voice, safety, and emotional wellbeing.

5. Better inter-agency coordination

CAFCASS, social services, and police work more closely with the court from the outset.

Legal Basis: Practice Direction 36Z

The pilot operates under Practice Direction 36Z, which legally allows courts in Pathfinder areas to apply different procedures from the usual Family Procedure Rules — including mandatory information-sharing and the use of tools like DARA.

Why Was Pathfinder Needed?

The 2020 Ministry of Justice Harm Report exposed critical failings in the family court:

• Allegations of abuse were routinely minimised

• Unsafe contact was often ordered to maintain a relationship with the abusive parent

• Coercive control was poorly understood or completely ignored

• Survivors were retraumatised by the court process

The Pathfinder was meant to correct these failings. But it’s not working as promised.

The Reality: Pathfinder Is Failing Victims Where It Matters Most

Despite the intention to transform how abuse is recognised and managed in family courts, the reality is stark:-

• DARA is often not applied at all

• Coercive control is overlooked or dismissed

• Risk assessments are reduced to a tick-box exercise, rather than a meaningful safeguard

The very tool designed to protect victims is frequently being ignored.

This Is Putting Families at Risk

When DARA is skipped, rushed, or mishandled:-

• Children are placed in unsafe contact arrangements

• Protective parents are disbelieved or blamed, often accused of “parental alienation”

• Abusers exploit the system to continue control

• The purpose of the pilot — safeguarding — is completely undermined

This is more than poor implementation. It’s systemic negligence.

Why DARA Must Be Applied Properly — Every Time

1. Coercive control is about patterns, not events

Without DARA, courts fail to understand long-term psychological abuse and the cumulative harm it causes.

2. Early assessment prevents harm

When used properly, DARA flags real risks before dangerous contact is ordered.

3. It supports trauma-informed justice

It centres survivors and children, ensuring that court decisions focus on wellbeing, not just parental access.

4. Not using DARA violates Pathfinder’s own principles

The pilot was created to move away from outdated, harmful practices. Ignoring DARA keeps us stuck in them.

A Call for Accountability

For Pathfinder to truly protect children and survivors:-

• DARA must be mandatory and applied in every relevant case

• There must be clear accountability when risk assessments are skipped or misused

• Oversight mechanisms must be introduced to prevent misuse or systemic neglect

This cannot become just another “reform” that looks good on paper but fails in practice.

Victims should not have to beg for protection in a system that was built to deliver it.

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Deanna Newell Family Law

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