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Anti-social Behaviour Act 2003

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[F126BParenting orders in respect of anti-social behaviour: registered social landlordsE+W

This section has no associated Explanatory Notes

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

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

(b)the behaviour in question directly or indirectly relates to or affects the housing management functions of the registered social landlord.

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to a 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 registered social landlord must not make an application under this section without first consulting the local authority in whose area the child or young person in question resides or appears to reside.

(9)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 registered social landlord which applied for the order, or

(b)a person nominated by that registered social landlord.

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

(10)In deciding whom to nominate under subsection (9)(b) a registered social landlord must take into account the views of—

(a)the local authority mentioned in subsection (8), and

(b)such other persons or bodies as the registered social landlord thinks appropriate.]

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Amendments (Textual)

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)

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