The tragic death of Henry Nowak in Southampton in December 2025 sparked a national debate about racism and public policy. While the case itself will be subject to an investigation, it raised concerns about the concept of “over-correct” – a genuine attempt to address a legitimate issue that may inadvertently lead to injustice.
In the context of family law, the Child Focused Court (CFC) approach has been rolled out across England and Wales. The CFC provides an expedited way of dealing with disputes between parents, utilizing the early involvement of CAFCASS officers to identify areas of agreement and disagreement.
Child Focused Court Approach
The CFC approach is a significant reorganization of the court processes, with a focus on obtaining the ascertainable views of the child from the outset. This is recorded in a Child Impact Report (CIR), which provides recommendations for the child’s arrangements.
Intrinsic to the CFC approach is the use of Independent Domestic Violence Advocates (IDVAs), who become involved if allegations of harm are made. The IDVAs undertake risk assessments and provide analysis to the author of the CIR, allowing risk to be actively considered and managed.
Concerns About the CFC Approach
While the CFC approach has been welcomed for its speed and focus on children’s welfare, concerns exist that it may inadvertently lead to injustice. The assumption of truth in allegations made by one parent against the other can lead to protective steps that cause significant and lasting harm to the child.
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For example, the cessation or limitation of contact between the alleged perpetrator and the child can be confusing and distressing for the child. A change of home, school, or town/city can reinforce the child’s sense of instability and insecurity.
In some cases, the allegations may not be proven, or may even be found to be false claims told by the reporting parent. In such circumstances, the child may have experienced turbulence, unexplained separation from one parent, and perhaps even trusted adults instilling a false narrative.
The Danger of Over-Correct
The Family Justice system has worked hard to protect victims of domestic abuse, but in doing so, it may have inadvertently created new forms of injustice. The danger is not that allegations of abuse are taken too seriously, but that the determination to avoid repeating past mistakes may lead to a lack of critical analysis or evidential rigour.
It is essential that professionals working in this area maintain their skepticism and critical thinking when working with parents making allegations of domestic abuse. They must ensure that they remain aware that allegations may not be proven and that there is a distinction between risk assessment and factual findings.
The CFC approach has brought welcome speed and a sharper focus on children’s welfare, but those benefits should never come at the expense of critical analysis or evidential rigour. As the reforms become embedded across England and Wales, family lawyers, judges, local authority social workers, CAFCASS officers, and IDVAs must remain alert to the distinction between risk assessment and fact-finding.
A child-focused system must remain a fact-sensitive system, because only decisions rooted in reliable findings can truly serve the long-term welfare of children and families. The Family Court should not have to choose between protecting alleged victims and safeguarding procedural fairness – it must do both.
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Family lawyers and judges are working to ensure that the CFC approach is implemented fairly and effectively. They are aware of the need to balance the rights of all parties involved and to prioritize the welfare of the child.
The CFC approach is still in its early stages, and it will be important to monitor its progress and make adjustments as necessary. The goal is to create a system that is fair, efficient, and effective in serving the needs of children and families.
Ultimately, the success of the CFC approach will depend on the ability of professionals to work together to prioritize the welfare of the child. By maintaining a focus on critical analysis and evidential rigour, they can help to ensure that the system is fair and effective.
The Family Justice system is complex and complex, and it will take time and effort to get it right. However, by working together and prioritizing the welfare of the child, professionals can help to create a system that is truly fit for purpose.
Furthermore, the use of IDVAs and CAFCASS officers in the CFC approach highlights the need for these professionals to be aware of the potential for their assessments and reports to be misinterpreted as factual findings, rather than risk assessments. This requires a high degree of professionalism and awareness of the nuances of the CFC approach, as well as a commitment to maintaining the distinction between risk assessment and fact-finding.