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. 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.

The National Youth advocacy provide a range of services to children which include:

1. Advocacy – this is to ensure the voice, wishes and feelings of children are heard especially when it involves key decisions about their life and future.
2. Independent visitor Service – this service is available to children up until the age of 18. NYAS visitors will spend time with children at least once a month. The visits can be to discuss any issues you have as well as carrying out activities assisting with homework etc.
3. Helpline – the purpose of the helpline is to provide advice and support. The service is open to children in care, on the edge of being in care or whether they are leaving the care system.
4. Care leaver support – additional support is provided to children and adults who are leaving care. Support is given to help them budget, manage their own home and providing them with the best possible advice to help with their independence and transition period into their adult life.

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.

The main aim of the NYAS is to ensure the voice of children is heard. The mission of this organisation is laid out in 3 clear things:

1. Every child and young person have a right to be heard
2. Every child and young person have a right to feel safe
3. Every child and young person have the right to be involved in decisions being made about them

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.

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. This could be due to a lack of trust, false information being presented or not accurately reporting issues. In such case parents may consider using an independent person through the NYAS to present the wishes and feelings of their children.

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 concerning matters relating to the child act proceedings.

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. 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.

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

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.

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.

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.

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. 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 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.