Specialist Legal Services
The National Youth Advocacy Service (NYAS) has a specialist legal service able to undertakecasework on behalf of children and young people, vulnerable adults, carers and professionals. Our team of specially trained lawyers are able to provide advice and assistance on a broad range of legal issues.

• Maybe your parents have split up and they are fighting about who should live with or how often you should see the parents you don’t live with.
• Perhaps you are in care and you don’t feel that your social worker is listening to you or you are not happy in your children’s home or foster placement.
• Sometimes the Local Authority looking after you “gets it wrong” and you may need help making sure that you are getting all the help and services that you need.
• It might be that you want to go to school, but you don’t have  school to go to.
• Perhaps you are unhappy at school because you are being bullied or you are finding the work difficult.
• Do you have brothers and sisters that you don’t get to see, but you would like to see them?
• Maybe your mum and dad have kicked you out of the home and you have nowhere to go or you are staying with a friend but you can’t stay there forever
• Perhaps you are about to leave care but no proper plans have been made for where you will live or how you will be supported after you leave care.
• Is the Local Authority threatening to take your unborn or young child away from you?

Community Care
Community Care Law is concerned with ensuring that the needs of vulnerable, sick and disabled children and adults are met.

Community care services include the following:

• Assistance with daily living tasks, such as help with housework, shopping and cooking, and writing and responding to correspondence;
• Assistance with personal care, such as bathing,dressing and toileting;
• Nursing care in the home or in a residential unit, such as a hospice or care home;
• Help with moving around the house and getting out and about in the community;
• The provision of specialist equipment or adaptations to the home, for example wheel-chair ramps, bathing facilities and hoists;
• Services to support carers in their caring role, such as respite provision;
• Accommodation, for example for young people with disabilities who are leaving the Care system; and
• The provision of direct payments to allow those requiring services to procure such services.

We can help if there is a refusal to undertake an assessment of community care needs, or a failure to provide the services necessary to meet any assessed needs, including the needs of those requiring care and those performing a caring role.

Education Law
We are able to present children/young people and their parents/carers involved in disputes about education. For example, we can help in cCases involving the following;

• Special educational needs, including assisting with appeals to the First-Tier Tribunal (Special Educational Needs and Disability);
• Exclsions, including assisting with appeals to the Governing Body and Independent Appeal Panel;
• Children who are out of school and not receiving suitable education;
• Disability discrimination, including assisting with claims to the First-Tier Tribunal (Special Education Needs and Disability);
• Bullying;
• School admissions, including assisting with appeals to the Statutory Appeal Panel; and
• Home-to-school transport
  

We can also take cases on behalf of students experiencing difficulties in further and higher education establishments.

Representation under Rule 9.5 FPR
In particularly difficult or complex private Family law cases (e.g. applications for residence or contact where the parties are entrenched in their positions), the judge has the power to appoint a Children’s Guardian to separately represent the child. In most cases this role is performed by CAFCASS. However if CAFCASS is unable  to help, the Court can invite NYAS to act as Guardian. The NYAS legal team works in tandem with a caseworker who has a similar role to that of a Children’s Guardian.

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.

If you think your child needs separate Representation, speak to your solicitor or ask The judge about this.

Child Law
We have extensive experience of taking instructions directly from children and young people as well as from their parents/carers. We are able to assist in cases involving the following;

• Access to services for children “in need” under s.17 Children Act 1989.
• Homeless young people whom Local Authorities refuse to accommodate;
• Placement moves involving looked after children;
• Challenging age assessments undertaken in relation to asylum-seeking children;
• Provision of services to care leavers, including poor transition planning and inadequate Pathways Plans;
• The failure of Local Authorities to provide the services to which children looked after by them are entitled;
• Assisting young people whose unborn or young child is at risk of being taken into care;
• Claims to the Criminal injuries Compensation Authority;
• Applications made under s.8 Children Act 1989. For example, by children or young people wanting contact with their siblings.
• application for a Discharge from Care.
• applications to the Local Authority Ombudsman.
• applications for Judicial Review
• proceedings under the Human Rights Act 1998 to enforce Convention Rights on behalf of young people.

We are able to assist clients by negotiating with Local Authorities, drafting complaints and, where necessary, making applications to the High Court for judicial review.

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. Please contact our helpline on 0800 616101 for assistance.

Consultation Responses and Documents
Please note: to open these files you will need Adobe Reader installed on your computer.

	Protocol between the National Youth Advocacy Service (NYAS) and the Children and Family Court Advisory and Support Service (Cafcass) - October 2011
	NYAS' Response to the Family Justice Review interim report (23 June 2011)
	Parental Responsibility
	Section 8 Orders
	The Future of Family Maintenance Consulation Response - March 2010
	Family Justice Review - September 2010
	Proposals for the Reform of Legal Aid in England and Wales
	NYAS’ Response to the Justice Select Committee inquiry into the Operation of the Family Courts
	The National Youth Advocacy Service response to the Legal Services Commission Consultation "Family Legal Aid Funding from 2010: A Consultation"
	The National Youth Advocacy Service response to the Legal Services Commission Consultation on Civil Bids Rounds for 2010 contracts
	Protocol between The National Youth Advocacy Service and The Children and Family Court Advisory and Support Service
	Care Matters: Transforming the lives of children and young people in care
	Confidence and confidentiality response - Improving transparency and privacy in family courts - Oct 06
	NYAS' response to the DCA Consultation Paper Confidence and Confidentiality- Improving transparency and privacy in the family courts
	Feedback from CAFCASS/FJC Young People's Panel on the "Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts" Consultation Paper
	NAGALRO SPRING CONFERENCE in association with NYAS
	Separate Representation of Children Response from the National Youth Advocacy Service (NYAS)
	Special Guardianship Order
	The Future of Separate Representation Written by Charan Martin, Barrister for NYAS Published in SEEN AND HEARD - VOLUME 16 - ISSUE 4

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