Children Act Proceedings – The Harm Report 2020
In June 2020, the Ministry of Justice was ordered to complete a substantive assessment of Private Law Children proceedings. The purpose of this assessment was to reflect on the risk of harm to children and parents within Private Children Proceedings, and therefore this was named the ‘Harm Report’.
Findings made within the report demonstrated a feeling of inadequate resources to support parents through proceedings, as well as a feeling that domestic abuse had been disregarded. It was also reported that children were not heavily involved within proceedings; despite being at the centre of it all. This report widely reflected that children’s voices were scarcely being heard. The Harm Report revealed one key takeaway – that changes needed to be made.
Following publication of the Harm Report, there has been a significant overhaul to Children Act Proceedings. In March 2022, a new ‘Pathfinder’ system was piloted in parts of the UK, with positive results. Following the success of the pilot, the Pathfinder was rolled out across more of the UK, and is now available throughout Yorkshire. Principles at the centre of the Pathfinder route include a culture of safety from harm, to improve the Court experience for all parties and reduce the re-traumatisation of victims. Through early screenings for domestic abuse, and fewer Court Hearings; domestic abuse victims have reported feeling more positive about the Court process. The Pathfinder route also includes an increased emphasis on the voice of the child, through the detailed Child Impact Report which experts will now complete.
Domestic Abuse Commissioner, Nicole Jacobs, notes:
“We know that going through the family courts is often an extremely difficult and challenging process for survivors of domestic abuse.”
If you, or someone you know, are facing the prospect of Court proceedings, or are affected by issues with children, Brearleys can help. Brearleys Solicitors are a team of friendly experts who are on hand to support parents through the Court process, and can offer specialist advice and support to victims of domestic abuse. If you are experiencing difficulties in relation to contact with your child, please contact our dedicated team on 0113 887 8223, to see how we can support you throughout the process.
Poppy Brown – [email protected]
July 2025
