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Part 3Parental responsibilities

Criminal conduct and anti-social behaviour

26Parenting orders in respect of criminal conduct and anti-social behaviour

(1)This section applies where a child or young person has been referred to a youth offending team.

(2)A member of the youth offending team may apply to a magistrates' court for a parenting order in respect of a parent of the child or young person.

(3)If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied—

(a)that the child or young person has engaged in criminal conduct or anti-social behaviour, and

(b)that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b)subject to subsection (5), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(5)A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

(6)A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(7)The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

(8)The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.