Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

14 FEB 2006

CAFCASS and NYAS Protocol

A protocol has been agreed between CAFCASS and the National Youth Advocacy Service (NYAS) with respect to children made parties in private law proceedings under r 9.5 of the Family Proceedings Rules 1991. The President's Practice Direction of April 2004 makes it clear that the child should only be made a party in a minority of cases featuring issues of significant difficulty. The provision of a guardian when requested by the court is a significant and core task for CAFCASS and CAFCASS has a duty to appoint a guardian and cannot refuse appointment. Guidance has been issued to clarify that where a judge has decided that an appointment under r 9.5 is necessary, that service managers must prioritise the allocation of the case.

The protocol states that CAFCASS should be approached first and will usually provide a guardian. However, NYAS may, for example, be asked by the court to provide a guardian in any matter (likely to be long-standing) where, despite the best efforts of CAFCASS staff, one or more members of the family can no longer work with the organisation. The protocol will be reviewed in 12 months time.

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

More Info from £55.00

Family Law

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Subscribe to our newsletters