Part I Prevention of crime and disorder
Chapter I England and Wales
Youth crime and disorder
C1I18 Parenting orders.
1
This section applies where, in any court proceedings—
a
a child safety order is made in respect of a child F1or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order;
F2aa
a parental compensation order is made in relation to a child's behaviour;
b
an anti-social behaviour order or F3sexual offences prevention order is made in respect of a child or young person;
c
a child or young person is convicted of an offence; or
d
a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M1Education Act 1996.
2
Subject to subsection (3) and section 9(1) below F4. . . , if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).
C23
A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.
F54
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) below, 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 may, but need not, include such a requirement as is mentioned in subsection (4)(b) above 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
The relevant condition is that the parenting order would be desirable in the interests of preventing—
a
b
in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;
c
in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M2Education Act 1996.
7
The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.
F87A
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—
a
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 any such repetition or, as the case may be, the commission of any such further offence, and
b
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.
C28
In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—
b
a social worker of a local authority F11. . . ; and
F12bb
c
a member of a youth offending team.
F149
In this section “sexual offences prevention order” means an order under section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).