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SPECIALIST
SOCIAL AND LEGAL SERVICES & HELP
Introduction
Young People
Suitable Circumstances
Expert Reports
Consultation Responses and Documents
Introduction
The National Youth Advocacy Service (NYAS) provides independent
and confidential information, advice, representation and advocacy to young
people. NYAS represents young people who want to have their wishes
and feelings heard in any administrative or judicial procedures and in
a range of other circumstances, when decisions are being made about their
lives.
NYAS is a socio-legal
agency, which believes that the combination of social work and legal skills
provide the strongest possible partnership in empowering children and
young people.
NYAS has multi-disciplinary
advocates and an in-house team of lawyers providing services to children
and young people aged 0-25. Many children who contact us are looked after
by local authorities, or have left care at 16. Others are involved in
long running disputes about residence and contact arrangements, face problems
of bullying or have special educational needs.
NYAS is a General
and Specialist Help Provider with the Community Legal Service and is a
member of the Federation of Information and Advice Centres (FIAC).
Young
People
NYAS' philosophy flows from Article 12 of the United Nations Convention
on the Rights of the Child. A common complaint received from young people,
who have been subjects of long running court cases, is that they are not
listened to and their true wishes and feelings are never put before the
Court.
Professionals, parents
and carers are also welcome to access the NYAS Legal Service and
we are pleased to report a growing demand for our services from children
in their own right.
NYAS is committed
to the safeguarding and promotion of young people's Human Rights under
the European Convention of Human Rights and Fundamental Freedoms 1950,
which was given full effect in English Law on 2nd October 2000.
NYAS can be
appointed by a Court under FPR 9.5 to represent the child as a Guardian
ad Litem / Next Friend in exceptional or sensitive circumstances e.g.
- as described by
the Official Solicitor's practice note of 1999
- where the child
holds wishes and feelings which are either in conflict with the resident
parent or would be if they were given an opportunity to express them
- in circumstances
similar to those which usually result in an application for a Care or
Supervision Order by a Local Authority
- children who have
a need to actively participate in the decision making process which
is supported by expert evidence.
NYAS can act
on the instructions of children who are competent to instruct their own
solicitor direct and who can seek party status or initiate their own application
with the leave of the Court. The test for these cases is laid down in
case law as:
- competence
- an understanding
of the ramifications of their instructions
- that their application
under Section 8 of the Children Act 1989 has a reasonable chance of
succeeding
- that it is desirable
in all the circumstances for the children to participate in a Hearing
that could involve them being able to hear the evidence of the other
parties.
Suitable
Circumstances
Young people either beginning their own application to a court or being
made party to an ongoing court case.
Proceedings based
on issues arising from young people "Looked After" which could include:
-
- the failure of
the Local Authority to carry through a significant proposal in the young
person's Care Plan.
- application for
a Discharge from Care.
- applications for
damages for young people harmed whilst being Looked After by a Local
Authority.
- applications to
the Local Authority Ombudsman.
- applications for
Judicial Review
Also:
- proceedings under
the Human Rights Act 1998 to enforce Convention Rights on behalf of
young people.
- advice and representation
in applications to the Criminal Injuries Compensation Authority.
- young people who
feel that their views are being ignored within proceedings for residence
and/or contact by their parents, or where there is a history of litigation
for residence and/or contact going back for many years.
- education issues
arising from bullying or special needs.
- Youth Justice
issues from young people who have previously or are currently serving
custodial sentences.
- Domestic Violence
or Abuse.
- Any other areas
where legal input would prove of benefit to the young person.
Expert
Reports
NYAS also offers an independent social work reporting service via
our Professional Experts to both young people and their professional representatives,
who may be involved in ongoing or future court cases
Consultation
Responses and Documents
Please note: to open these files you will need Adobe Reader
installed on your computer.
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The National
Youth Advocacy Service response to the Legal Services Commission Consultation
"Family Legal Aid Funding from 2010: A Consultation" |
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The National
Youth Advocacy Service response to the Legal Services Commission Consultation
on Civil Bids Rounds for 2010 contracts |
| www |
Legal Services
Commission Website - Proposed changes to family guidance |
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NYAS' concerns
about the proposed changes to the LSC Manual October 08 |
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NYAS' Response
Letter to LSC October 08 |
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NYAS' Response
to LSC Consultation Document - 20 October 08 |
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