Why We Need a Pilot Programme for a Mandatory Three-Tier Family Justice Triage Assessment Framework

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By Deanna Newell

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

The Government has recently announced pilot programmes to test reforms to the GP fit note system before considering national implementation.

This raises an important question:

If pilot programmes are considered essential before reforming health services, why aren’t we taking the same evidence-based approach to reforming the Family Justice System and the Child Maintenance Service (CMS)?

Every year, thousands of children and families enter the Family Courts and the Child Maintenance Service (CMS). Some cases are straightforward, while others involve domestic abuse, coercive control, financial abuse, economic abuse, complex business structures, safeguarding concerns and children with additional needs.

And yet too often, every family enters the system through broadly the same process.

That needs to change.

Start with the Child Maintenance Service

The most practical place to begin is with a pilot programme is within the Child Maintenance Service itself.

The CMS already gathers financial information that could help identify complex cases much earlier. Rather than waiting until issues reach the Family Court, structured financial assessments could help identify where additional investigation or support may be required.

A pilot programme could test whether information gathered through the Child Maintenance Service, where appropriate, and subject to legal safeguards and data protection requirements, could support Family Court decision-making and reduce duplication between agencies.

A More Complete Financial Picture

Many family disputes involve financial arrangements that extend beyond employment income alone, and so, where relevant to a child’s welfare or financial support, assessments could consider:-

• Employment 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

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

The purpose is not to presume wrongdoing, but to ensure decisions affecting children are based on a complete and accurate understanding of a family’s financial circumstances.

Understanding Economic Abuse

Economic abuse is recognised as a form of domestic abuse and can continue long after a relationship has ended.

Some separating parents leave relationships with little or no access to housing, savings, pensions or financial security. Others may experience prolonged financial hardship while attempting to meet the day-to-day needs of their children.

Where supported by evidence, the assessment 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 enable families to receive the appropriate safeguarding, financial assessment or specialist support.

Child Arrangements and Financial Incentives

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

Where supported by evidence, assessments should consider whether:-

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

• Overnight care arrangements are being disputed or altered in a way that may affect child maintenance calculations

• Financial considerations appear to be influencing decisions about child arrangements

• Child arrangements are being used as a means of exerting pressure or control over the other parent

• Financial disputes and child arrangement disputes are contributing to prolonged conflict that affects the child’s wellbeing

The purpose is not to assume improper motives by either parent. It is to ensure that where evidence indicates child arrangements and financial matters are interconnected, they are considered together so that decisions remain focused on the child’s welfare.

The Three-Tier Assessment Framework

The pilot could test the Mandatory Three-Tier Family Justice Triage Assessment Framework that the DN Family Law campaign is proposing:-

Tier 1 – Standard Assessment

Every family receives an early assessment focusing on children’s welfare, safeguarding and family circumstances.

Tier 2 – Enhanced Financial and Family Assessment

Cases involving greater complexity receive enhanced assessment, including domestic abuse, coercive control, economic abuse, disputed finances, complex financial arrangements and children with additional needs.

Tier 3 – Court and Multi-Agency Review

The most complex cases receive coordinated judicial oversight and multi-agency involvement. Where supported by evidence, Tier 3 should consider whether:-

• Patterns of restricted child contact, financial disputes or child maintenance arrangements may form part of coercive control or economic abuse.

• A parent has deliberately restricted a child’s relationship with the other parent.

• Income has been concealed or significantly minimised where financial information is relevant to children’s welfare.

• Child maintenance has been significantly underpaid or avoided, resulting in financial hardship for the receiving parent and children.

• Child arrangements and financial matters appear to be interconnected and require specialist assessment.

• Financial decisions appear to be used to exert control, create economic hardship or influence parenting arrangements.

• Property transfers, mortgage arrangements, pension sharing or other financial settlements are relevant to understanding the family’s circumstances and the child’s welfare.

Why Pilot the System?

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

• Identifies complex cases earlier

• Improves safeguarding outcomes

• Reduces delays in family proceedings

• Improves financial transparency where appropriate

• Supports better collaboration between the Family Courts, Cafcass, the Child Maintenance Service, HMRC and other agencies

• Provides judges with better information at an earlier stage; and

• Improves outcomes for childre.

Building an Evidence Base

Significant reform should be based on evidence.

A pilot programme would enable Government, the judiciary, Cafcass, the Child Maintenance Service, HMRC, academics, family law professionals and families with lived experience to evaluate the framework before considering national implementation.

This is not about creating more bureaucracy. It is about ensuring the right families receive the right assessment at the right time.

Recommendations to Government

I recommend that the Government Launch a pilot of the Mandatory Three-Tier Family Justice Triage Assessment Framework, beginning with a pilot to test improvements to the Child Maintenance Service.

We need to test whether structured and improved CMS family income assessments can support Family Court decision-making, where appropriate, and subject to legal safeguards.

We need to evaluate whether earlier financial and safeguarding assessments improve outcomes for children.

We need to strengthen collaboration between the Family Courts, Cafcass, the Child Maintenance Service, HMRC and other relevant agencies.

The findings from this pilot need to be publishedto inform future Family Justice and Child Maintenance reform.

Reform That Works

Children should not have to wait years for systems to understand their individual family’s circumstances. Early identification, proportionate assessment and better coordination between agencies have the potential to improve outcomes for children while making better use of public resources.

If Government believes pilot programmes are the right way to test reform in healthcare, the same evidence-based approach should be applied to family justice.

Reform That Works... Children should not have to wait years for systems to understand their family’s circumstances...

Let’s pilot a Mandatory Three-Tier Family Justice Triage Assessment Framework!

Let’s start with the Child Maintenance Service!

Let’s build the evidence!

Let’s create a Family Justice System that is fairer, safer and more transparent, one that puts children first!

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Deanna Newell | Founder | DN Family Law

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