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Part 3E+WParental responsibilities

Criminal conduct and anti-social behaviourE+W

[F126AParenting orders in respect of anti-social behaviour: local authoritiesE+W

(1)A local authority may apply for a parenting order in respect of a parent of a child or young person if—

(a)the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and

(b)the child or young person resides, or appears to reside, in the local authority's area.

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to [F2the county court] .

(2)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 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 anti-social behaviour.

(3)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 (4), 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.

(4)A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(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.

(5)A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(6)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 anti-social behaviour.

(7)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.

(8)A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is—

(a)an officer of the local authority which applied for the order, or

(b)a person nominated by that authority or by a person or body requested by the authority to make a nomination.

A person may not be nominated under paragraph (b) without his consent.]

Textual Amendments

F1Ss. 26A-26C inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 24, 53(1); S.I. 2007/1614, art. 3(a)

F2Words in ss. 26A-28 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)