Avaia joined Parklane Plowden Chambers as a tenant in October 2025 following a specialist Children and Court of Protection pupillage under the supervision of Sara Anning, Rebecca Musgrove, and Lucy Sowden. Avaia has observed and assisted with a broad range of children and court of protection cases spanning the totality of these practice areas and has quickly developed a busy children and CoP practice.<strong>Court of Protection</strong>Avaia has rapidly developed a substantial Court of Protection practice and is regularly instructed in complex health and welfare proceedings across the Circuit. He appears before Tier 1 and Tier 2 judges on a broad range of matters and acts for P (through the Official Solicitor, Litigation Friends, and RPRs), family members, Local Authorities, and Integrated Care Boards.His practice encompasses applications under sections 15 and 16 of the Mental Capacity Act 2005, section 21A challenges, disputes concerning residence, care, contact and capacity, deputyship applications, injunctions against family members, ordinary residence disputes, transparency applications, and issues arising from section 117 aftercare responsibilities. He is particularly experienced in cases involving individuals transitioning from children's to adult services, recent detentions under the Mental Health Act, and matters involving overlapping safeguarding, criminal justice, and public law considerations.Avaia has developed a particular reputation for cases involving acute and pervasive mental illness, substance and alcohol misuse, fractured family relationships, and highly contentious welfare disputes. He is frequently instructed in proceedings concerning psychotic disorders, delusional illnesses, severe personality disorders, and complex presentations where the court must balance competing views of family members, professionals, and P themselves. His calm and measured approach enables him to navigate emotionally charged proceedings while maintaining a clear focus on the statutory framework and P's rights.His experience includes acting in challenges to capacity assessments, disputes concerning deprivation of liberty, contested residence applications, and proceedings involving prolonged detention under the Mental Health Act. He has successfully resisted assertions that P had regained capacity, secured declarations concerning contact and home visits in finely balanced cases, and acted in matters concerning covert administration of medication and treatment. He is particularly well placed to deal with cases involving mental health law and has extensive knowledge of the Mental Health Acts, including the forthcoming reforms and their anticipated impact on Court of Protection practice.Avaia has an interest in transparency and open justice within the Court of Protection. He has successfully sought amendments to Transparency Orders to permit wider reporting and freedom of expression during proceedings and has secured orders providing for the discharge of reporting restrictions following P's death. He maintains a keen interest in the development of this area and regularly writes and provides training on issues concerning transparency, procedural fairness, and the general 'humanity' required within COP proceedings.Drawing on his children law practice, Avaia brings specialist insight to matters involving young people approaching adulthood, transitions between legal frameworks, and the interaction between children's services and adult social care. He is also well versed in the court's inherent jurisdiction, having undertaken postgraduate research focused on the protection of vulnerable but capacious adults.Avaia is known for combining meticulous preparation with pragmatic advocacy. He brings a lateral and analytical approach to complex welfare disputes, identifying the issues that truly matter to the court while remaining sensitive to the profound impact these proceedings have on P and those closest to them. He is committed to ensuring that the rights, autonomy, and best interests of those who lack capacity remain at the centre of every case.<strong>Children Law</strong>Avaia is regularly instructed across the full spectrum of children law matters, acting for Local Authorities, parents, Children's Guardians, intervenors, and other interested parties. Drawing on experience both at the Bar and within a Local Authority children's legal team, he is familiar with the practical, legal, and strategic issues arising in both public and private law proceedings.His public law practice encompasses care proceedings involving non-accidental injury, serious neglect, allegations of sexual abuse, psychological manipulation and alienating behaviours, emergency removals, adoption and post-adoption contact applications, Educational Supervision Orders, wardship and inherent jurisdiction matters, Deprivation of Liberty applications, international and cross-border cases, advice concerning the Hague Convention on Intercountry Adoption, and Child Abduction Warning Notices.In private law proceedings, Avaia is regularly instructed in disputes concerning Child Arrangements Orders, Specific Issue Orders, Prohibited Steps Orders, relocation applications (both domestic and international), parental responsibility disputes, applications by extended family members, Special Guardianship matters, rule 16.4 appointments, appeals, and cases involving intervenors and Local Authorities in quasi-public proceedings.Avaia has considerable experience of complex and sensitive litigation. He has acted in multi-day final hearings involving allegations of parental alienating behaviours, serious physical abuse, sexual assault, rape, stalking, and the fabrication or exaggeration of behavioural and developmental conditions. He is familiar with issues frequently encountered in modern children proceedings, including covert recordings, neurodiversity, cultural considerations, and the impact of mental health conditions such as EUPD and PTSD.His experience extends beyond routine applications. He has successfully argued against notification of consulates, embassies, and absent parents where appropriate, secured amendments to care plans through submissions on cultural competence, achieved reunification contrary to the positions of Local Authorities and Children's Guardians, obtained Female Genital Mutilation Protection Orders, appeared in the National DoLS Court, secured section 91(14) and section 34(4) orders, and acted for Local Authorities in complex proceedings before section 9 judges.Avaia has also observed and assisted on appeals reaching the Court of Appeal, and has succeeded in all three appeals he has himself brought or defended. Avaia has been involved in novel applications concerning international placements, the Hague Conventions, and less commonly cited international treaties. He has developed a particular interest in cases involving significant cultural considerations, including those involving parents from West African backgrounds where issues of physical chastisement and cultural norms arise, as well as a broader interest in international children law.Known for his empathetic yet pragmatic approach, Avaia combines clear advocacy with careful client management. He is regularly instructed in challenging and emotionally charged disputes and is recognised for bright written and oral submissions, practical problem-solving, and an ability to navigate complex cases with sensitivity and clarity.<strong>Public and Administrative Law</strong>Drawing on his previous experience as a legal officer defending Judicial Review, and his current Court of Protection and children law practices, he is familiar with the public law duties and decision-making processes of Local Authorities, Integrated Care Boards, NHS bodies, and other public authorities. He has advised on the merits of prospective judicial review claims and has experience defending challenges to public bodies' decision-making.His experience includes matters concerning statutory duties, procedure in the Administrative Court, adult social care, children's services, and NHS commissioning responsibilities. He has recently provided advice to Integrated Care Boards concerning prospective judicial review proceedings. As a Legal Officer, Avaia carried a case load of public and administrative matters, and was the lead fee earner on a novel judicial review concerning disability support and direct payments, resulting in two reported decisions: R (LHG) v Bury Council [2023] EWHC 3162 (Admin) and R (LHG) v Bury Council (No. 2) [2023] EWHC 3235 (Admin). He has since delivered talks on Local Authority duties and judicial review.<strong>Background</strong>Avaia previously worked as a legal officer for Bury Metropolitan Borough Council, managing a substantial caseload of public children, Court of Protection, and administrative law matters involving vulnerable children and parents with a range of needs, including significant mental health issues and diminished cognition. He was responsible for leading pre-proceedings matters, progressing s.37 reports, and providing tailored advice to schools and social workers on the Local Authority’s statutory obligations to children in need under s.17 and relevant regulations. During this period, he gained insight into cases involving serious and sensitive allegations. Further, Avaia had oversight of several complex adoption matters and has a unique understanding of the progression of adoption cases, including Annex A and Annex B reports and the inner working of the post-placement process, both domestic and internationally.Over the course of eight years, Avaia delivered training to more than 10,000 professionals, spanning social workers, police officers, central government agencies, and schools, focusing on child protection with particular emphasis on sexual exploitation and extremist radicalisation, as well as subject expert insights into social media and the ‘dark web’. He has received specialist training in working with young victims of traumatic events, as well as crisis management and intervention. Avaia has continued such training and education at the Bar and regularly contributes articles and updates on family law and CoP matters, as well as delivering presentations to local firms and Local Authorities.Avaia is a committee member of Young Legal Aid Lawyers and is responsible for YLAL’s mentoring scheme, he is also the founder of The Nightingale Rights Initiative and regularly comments on issues of importance to the field of human rights. He has delivered several talks on social mobility and access to the profession to local schools and colleges, is an avid supporter of those from unconventional backgrounds coming to the Bar, and he regularly supports Gray’s Inn in delivering its annual introductory weekend, moots and talks. He remains committed to championing social justice and advocating for society’s most vulnerable and is a significant contributor to pro bono work, through Advocate, Not Beyond Redemption, and of his own volition. Avaia is one of Chambers Pro Bono Champions and sits on Chambers Outreach Committee.
