Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

NYAS appeal to Justice Secretary to overturn LSC decision

Sep 29, 2018, 19:23 PM
Slug : NYAS20012012-951
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 20, 2012, 06:42 AM
Article ID : 97717

By Hugh Logue, Newswatch Editor

NYASThe National Youth Advocacy Service is challenging a decision by the Legal Services Commission that would result in them being unable to continue providing representation for children in family courts from 1 February 2012. The charity is now asking Justice Secretary Ken Clarke to overrule the decision of the LSC and is looking to the family law community for support.

The LSC published a tender round for the 2012 family contracts in September 2011.  NYAS, as an existing contract holder since 1999, submitted a bid for the new contract on 3 October 2011 seeking 85 new matters and a licence to continue the family court work on behalf of children.

The tender was non competitive and bidders were not required to undertake all categories of family work.  NYAS specialise in family work in providing separate representation of children caught in acrimonious family proceedings.

The service was refused a contract for any family work on the grounds that it submitted an incomplete application form as the two office addresses from which they undertake family work were not on the form.  NYAS deny this and say they have evidence that the application did contain this information.  They immediately appealed the decision but were advised that they have no right of appeal.  This means that from 1 February 2012 they can no longer provide separate representation to children in family courts.  Consequently children embroiled in protracted and acrimonious proceedings will no longer have access to independent legal representation.

Children in public law proceedings are automatically a party to proceedings and have a CAFCASS guardian.  In private law proceedings, children do not automatically have party status unless this is considered to be appropriate by the Judge under Rule 16.4 of the Family Proceedings Rules 2011, having considered the Practice Direction criteria and with regard to the NYAS/CAFCASS protocol which acknowledges those cases where it is appropriate for independent representation and assessment of the best interests of the child.  The Practice Direction, coupled with measured judicial consideration of each individual case, ensures appropriate party status.  NYAS legal team can then appoint an in-house solicitor for the child and a caseworker to work together in a ‘tandem model', comparable to the model provided as of right in public law proceedings.

NYAS, as a socio-legal charity, has developed expertise in the representation of children for more than 13 years and its work has been praised by judges in several reported family cases. The charity is asking practitioners to write to the Secretary of State and their local MP in support (download the  template letters written by NYAS below).

Categories :
  • News
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from