National Youth Advocacy Service (NYAS)

Part of: Preparing for a Cafcass Interview

Children often need to be heard during child proceedings cases concerning child custody and their involvement in the family court. This is usually when there is large extent of conflict between parents, or the case is complex. Where children are relatively young and are unable to voice their opinions and feelings Cafcass usually become involved. They usually meet with the child to ascertain the child’s wishes and feelings and present these to the family court. Where proceedings are complicated and there is a large amount of animosity, parental conflict and acrimony a court may out of its own accord appoint a Guardian for the child. This is usually an officer of Cafcass, however what happens if Cafcass are under too much pressure and workload? The courts may then consider approaching the National Youth Advocacy Service which is also known as NYAS.

What is the NYAS Guardian National Youth Advocacy Service?

The NYAS is a children’s charity who provide advocacy and legal representation to children. As well as to children their service is also open to adults and can be accessed for adults or children when important decisions are being made about them. This can include children who are already involved with social services or care proceedings, where an independent voice is especially important. The National Youth Academy Service began when an independent social worker, Judith Timms (the founder) was asked to represent 5 siblings in court proceedings where a solicitor was unable to reliably present the wishes of each child.

What services do the NYAS provide to children?

As well as the above services the NYAS also run contact centres in Liverpool and Birkenhead with the view to re-uniting families and re-establishing contact re‑establishing contact, similar to how courts may use family assistance orders to support rebuilding relationships after proceedings.

What is the mission of the National Youth Advocacy Service?

The mission is carried out using 4 key values which are listed as:

1. Being collaborative – working closely with colleagues to deliver outstanding services to people needing support.
2. Respectful – valuing and respecting each other and people being worked with
3. Accountable – NYAS are open transparent and accountable as well as taking responsibility for their work
4. Empowering – Listening to children and young people when they are not heard and to advise them, on their rights to assist them in changing their lives for the better.

Why may the courts appoint the National Youth Advocacy Service instead of Cafcass?

Cafcass is usually the body which is entrusted by the courts to present the wishes and feelings of children in family court. You may be wondering why the NYAS become involved instead of Cafcass? NYAS become involved where there have been significant delays by Cafcass which affect the courts time and the timetable of proceedings. These are mainly administrative delays and their inability to appoint a child guardian in cases. This could be due to backlogs of old cases or other issues such as issues with IT and case management systems. There may also be complex cases which Cafcass officers have not been able to deal with or are unable to respond. The National Youth Advocacy service can also be appointed where the relationship between Cafcass and parents has broken down. In some high‑conflict or parental alienation cases, parents feel more confident when an entirely independent organisation like NYAS is asked to represent the child’s voice. In such case parents may consider using an independent person through the NYAS to present the wishes and feelings of their children.

Can the NYAS represent children in Child Act Proceedings?

Quite commonly when appointing a Rule 16.4 guardian within child act proceedings it is usually Cafcass that is entrusted this role. However apart from Cafcass the National Youth Advocacy Service can also be appointed to represent children by the court in Children Act proceedings where the judge directs that NYAS should act. NYAS may also become involved in more complex proceedings, including wardship of the court where the High Court exercises its inherent jurisdiction to protect a child, and the court may also consider reports from independent social workers.

When might the court consider appointment of a Guardian from the NYAS?

The courts may entrust the National Youth Advocacy Service to appoint a Guardian in proceedings. This is explained in Part 4 of the Family Practice Directions. A Guardian is usually appointed where a child is made a party to the proceedings. This usually applied in a minority of cases. A child is made a party to the proceedings if there is no other alternative route.

There is a protocol agreed between Cafcass and the national Youth Advocacy Service with respect to children being made a party to the proceedings. The protocol states Cafcass are to be approached first and will usually provide a guardian. Before deciding on appointment, the judge may also consider whether any further evidence is needed. However, the courts may ask NYAS to provide a guardian where a matter is likely to be longstanding and where despite the efforts of Cafcass, the family can no longer work with Cafcass.

What is the role of an NYAS advocate?

The purpose of the National Youth Advocacy Service Guardian is to represent the views, wishes and feelings of children and adult. The aim is to ensure the children are heard. The NYAS advocate therefore can help a child, a young person or adult to:

• Ensure they are heard by helping them to speak up for themselves and ensure they remove involved in decisions affecting them
• Help the person understand the range of choices they have available and ensure they are aware of their rights
• Prepare children and adults to engage in meetings and hearings
• Assist children and adults in understanding information and ensure this information is easily accessible to them
• Assist children and adults with queries and concerns and offer guidance as to how to make a complaint
• Providing assistance and guiding children to other relevant services and help which may be useful to them

What is the role of an NYAS advocate?

Although it may seem that the Guardian is a solicitor this is not the case. An advocate from the National Youth Advocacy Service or Cafcass are merely appointed to help children present their wishes and feelings to the court. They are not solicitors or legal representatives. The role of the Guardian is to always act in the best interests of the child. A guardian may be bought into proceedings where children are mature and hold strong views. However, the guardian may appoint a solicitor if it feels a child solicitor will be able to present the wishes and feelings of a child to the court something which it believes the parents may not be able to do so.

Is an NYAS advocate a solicitor?

Although it may seem that the Guardian is a solicitor this is not the case. An advocate from the National Youth Advocacy Service or Cafcass are merely appointed to help children present their wishes and feelings to the court. They are not solicitors or legal representatives. The role of the Guardian is to always act in the best interests of the child. A guardian may be bought into proceedings where children are mature and hold strong views. However, the guardian may appoint a solicitor if it feels a child solicitor will be able to present the wishes and feelings of a child to the court something which it believes the parents may not be able to do so.

Can a child request to be joined as a party to the proceedings?

Quite often we hear about either the courts joining the child to proceedings following an application by one of the parents, the LA or following advice from Cafcass or the NYAS. However, in some cases a child might decide to apply themselves to the court for them to be made a party to the proceedings.

This is exactly what happened in the case of Re M. The case concerns 2 children who were joined into proceedings. The case concerned 4 children aged 15, 14, 11 and 8. The matter was considered under the 1980 Hague Convention for child abduction. In this case the father was seeking the return of the children to Canada whereas the mother was resisting this. The mother relied on the exception of the children’s objections to being returned to Canada. When this was considered in court it was not deemed that the children expressed an objection to being returned to Canada. One child said he did not want to return because of the paternal family but if he lived with his mum, he would be fine. The other child suggested he wants to stay in the UK, but he loves Canada but feels they are better of here. The third child said they wished to return to Canada but live with the mother and the 4^th child stated they wanted to live with the mother was neutral on either England or Canada.

It was therefore concluded that none of the children expressed an objection to returning to Canada providing they were with the mother. This conclusion was presented by the Cafcass officer. An application was advanced by the children for the children to be joined to the proceedings. The court considered the guidance of appointing a Guardian and decided the 2 older children were mature teenagers who wanted to ensure their strong views and objections were presented to the court. In an interest of not denying he children this opportunity the court decided to join the 2 adult children to the proceedings.

Do the NYAS offer support to families?

As well as providing their services to children support is also available to families. This is predominantly for families who are involved in care proceedings, including where there are concerns about how a social worker or case worker is handling the matter. An example of this is the parent advocacy service. The aim is to keep families together where the family is subject to intervention by the local authority. The role of the parent advocate from the National Youth Advocacy Service is to support parents in positively engaging with professionals to resolve issues which are impacting their family, reducing ongoing intervention risks to the child and family and causing possible disruption. Like child advocates the parent advocates can assist parents in engaging with professionals, help them participate in meetings, understand their rights, help them make informed choices and understand professional report and letters as well as guide them to alternative support available. Parents can make a referral for themselves by contacting NYAS.

Contact Kabir Family Law today for a free initial consultation

If your child is involved in Children Act proceedings, or you believe they would benefit from an independent advocate through NYAS or Cafcass, our child law specialists can explain your options. We can help you understand when the court is likely to appoint a guardian, how your child’s wishes are presented, and what this means for future contact or living arrangements.

Our family lawyers in Northampton as well as across Newcastle, Nottingham, Northampton, Oxford,  Coventry and London can assist you to ensure you fully understand the principles of wardship and consider whether the outcome you require can be achieved through alternative means. We provide family law advice nationally as well as internationally through telephone, email and Skype. We will also ensure you are kept up to date with you matter and assist you developing a strategy to help you succeed. Contact us our family lawyers by calling on 029 2192 1400 to arrange your free consultation, let us call you back. or book a time that suits you.