Sir Andrew McFarlane Retirement, Child-Focused Court Reform

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Family court reform and child-focused model to define final months of Family Division President’s tenure

© Copyright LexisNexis 2026. All rights reserved. Date: 13 APR 2026

Sir Andrew McFarlane has outlined significant reforms and priorities for the family justice system in a final “View” issued shortly before his retirement on 13 April 2026, with the nationwide expansion of a child-focused approach to private law proceedings taking centre stage.

The Government’s £82 million commitment to roll out the newly termed “Child Focused Model” (CFM) across 32 remaining court centres over the next three years is described as the most consequential development for the system “now and for years to come.” The model, evolving from earlier Pathfinder pilots, represents a structural shift in private law children cases by introducing a detailed “Child Impact Report” at the outset of proceedings, rather than later in the process.

Prepared by Cafcass and Cafcass Cymru, the report places the child’s experience and voice at the centre of the first hearing. The court is then directed to focus on the practical question of how to improve outcomes for the child, alongside increased involvement of domestic abuse specialists throughout proceedings.

The approach, developed in response to the Ministry of Justice’s 2020 Harm Panel recommendations, has received broad support, including from Dame Nicole Jacobs. Early adopter courts have reported that decisions are being reached more quickly and with greater confidence in child safety.

Eight additional courts in the North and Midlands will adopt the model in its first year of expansion, joining ten existing centres. Full national implementation is expected between April 2027 and March 2029. From April 2026, CFM training will also become embedded within Judicial College programmes, signalling its transition from pilot to standard practice.

In the interim, the President emphasised that courts not yet operating the CFM can take preparatory steps, particularly in addressing backlogs in private law cases. Guidance compiled by Mrs Justice Knowles and others will be distributed to judges nationwide, setting out practical measures drawn from early adopter courts. These include elements of the new approach, though without the full availability of early-stage child impact reporting or enhanced domestic abuse support.

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The update also highlighted measurable improvements across the family justice system. Data indicates progress against all four national Family Justice Board targets, with reductions in case duration and long-running cases in both public and private law. Average case lengths have fallen from 39 to 32 weeks in public law and from 46 to 35 weeks in private law between December 2022 and December 2025.

However, recent increases in new case volumes, particularly in some regions, were noted as a potential pressure point. The President stressed that higher volumes should reinforce, rather than diminish, adherence to pre-application protocols and robust case management under established frameworks.

Further operational developments include revised allocation of judicial sitting days for 2026–27, with greater flexibility to reflect regional demand. London and the South East are expected to see increased judicial capacity, particularly in financial remedy work, where complex and high-value cases are concentrated.

New procedural guidance on domestic abuse injunctions, in force since January 2026, was also addressed. Developed by a judicial and practitioner roundtable, the guidance clarifies options available to courts when dealing with without-notice applications, aiming to resolve practical difficulties identified under previous arrangements. Complementary best practice guidance has been issued by the Family Justice Council to support practitioners.

Looking ahead, the growing impact of artificial intelligence on family justice was identified as an emerging area of focus, with the 2026 Family Justice Council conference dedicated entirely to the issue. A keynote lecture by Dr Lisa Harker examined how technological change can be balanced with maintaining child-centred principles.

The President also drew attention to the role of third-sector organisations, including Not Beyond Redemption and Support Through Court, in assisting vulnerable court users, particularly unrepresented parties and mothers in custody involved in family proceedings.

Concluding his remarks, Sir Andrew reflected on continuity within the family justice system amid leadership transition. While the appointment of his successor remains pending, interim leadership arrangements are expected to ensure stability. He leaves the role citing both progress achieved during his tenure and confidence in the system’s future direction, particularly as the Child Focused Model becomes embedded nationwide.

Categories: News

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