Anti-social Behaviour Act 2003

[F1 26B Parenting orders in respect of anti-social behaviour: [F2 relevant housing providers] E+W

(1) A [F3 relevant housing provider] may apply for a parenting order in respect of a parent of a child or young person if—

(a) the [F3 relevant housing provider] 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 [F3 relevant housing provider] .

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to [F4 the 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 [F3 relevant housing provider] must not make an application under this section without first consulting the local authority [F5 (or, if subsection (8A) applies, each local authority)] in whose area the child or young person in question resides or appears to reside.

[F6 (8A) This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.]

(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 [F3 relevant housing provider] which applied for the order, or

(b) a person nominated by that [F3 relevant housing provider] .

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

(10) In deciding whom to nominate under subsection (9)(b) a [F3 relevant housing provider] must take into account the views of—

(a) the local authority [F7 (or authorities)] mentioned in subsection (8), and

(b) such other persons or bodies as the [F3 relevant housing provider] thinks appropriate.]

Textual Amendments

F1 Ss. 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)

F2 Words in s. 26B heading substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 122(3) (with art. 6, Sch. 3)

F3 Words in s. 26B substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 122(2) (with art. 6, Sch. 3)

F4 Words 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)

F5 Words in s. 26B(8) inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 125(3)(a), 153(7); S.I. 2009/860, art. 2(1)(b)

F6 S. 26B(8A) inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 125(3)(b), 153(7); S.I. 2009/860, art. 2(1)(b)

F7 Words in s. 26B(10)(a) inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 125(3)(c), 153(7); S.I. 2009/860, art. 2(1)(b)