• A UK charity providing socio-legal services
• Giving information, advice, advocacy and legal
representation to children, young people and vulnerable
adults.
• Through a network of dedicated paid workers and
volunteers throughout England and Wales.
NYAS Mission Statement
“A society where every child, young person
or vulnerable adult's voice is heard and
their rights are respected and where they
can achieve their potential”
Hearing the voice of the child
•Advocacy
•Separate representation Rule 16.4
•Consultation
•Contact Services
•SPIP’s
•Mediation
How will the voice of the child be heard in the
future?
How Does NYAS Get Involved?
• Advocacy provision
• Lead provider of advocacy to children and
young people in care in England and Wales
• Independent visiting
How Does NYAS Get Involved?
•16.4 Separate representation of children
•It is a matter for the Court
•The child should be joined as a party
•NYAS is invited to represent the child
•CAFCASS/NYAS Protocol
•Public Funding
The Child as a Party – the Answer to
the “problem”?
• The court may make a child a party to proceedings if it considers
it is in the best interests of the child to do so
• Separate representation - the Tandem model
• Supporting children
• Getting their voices heard
• Resolving intractable long term cases
The Tandem Model
The benefits of separate representation
•Listening the wishes and feelings of the whilst balancing wishes and
feelings with the best interests of the child.
•Retaining the focus on the child.
•Empowering the child within the court process - empowered to meet
the judge or to say no I don’t want to meet the judge
•Resolution of high conflict cases with long term outcomes- ensuri8ng
the long term mental health stability of the children and saving to the
wider public purse
•Allowing for flexibility for the children. Avoiding delay.
•Early identification of need for an expert assessment.
Children and Families Act 2014
Children and Families Act 2014
The legal landscape underwent a sea change on 22nd April 2014
The words “custody” and “access” disappeared from the statute
book with the implementation of the Children Act 1989
Children Act 19898 introduced
a) The concept of ‘parental responsibility’
b) ‘Residence’ and ‘contact’ orders
c) The No Order principle.
Children and Families Act 2014
•A Single Family Court
• Child arrangements orders
•Compulsory family mediation information meetings
(MIAMS )
•Expert evidence
Risk of harm
Within the child arrangements programme, paragraph 4 of PD 12 J
states:
“The Family Court presumes that the involvement of a
parent in a child's life will further the child's welfare, so
long as the parent can be involved in a way that does
not put the child or other parent at risk of suffering
harm.”
The impact of change
• Increase in litigants in person.
• 57% of all parents involved in children’s proceedings had no
legal representation during the period April 14-December 13
compared to the same period in 2013.
• Fewer family cases across English and Welsh courts in the three
months to March than in the same period last year.
• % drop in referrals to mediation
The Impact of change
• Courts have started to become clogged up with cases
progressing at a slower pace, with no legal advisers involved in
the process to ensure that:
 timetables are adhered to
 appropriate arguments advanced
 inappropriate arguments put to one side.
• increase in the number of litigants in person has also had the
effect of placing a greater cost burden on the party who does
have legal representation.
UNCRC Article 12
1. Parties shall assure to the child who is capable of
forming his or her own views the right to express
those views freely in all matters affecting the child,
the views of the child being given due weight in
accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be
provided the opportunity to be heard in any judicial
and administrative proceedings affecting the child,
either directly, or through a representative or an
appropriate body, in a manner consistent with the
procedural rules of national law
The solution
•
Mediation
•
16.4 separate representation
Giving a voice to children young people
and vulnerable adults