Part I Prevention of crime and disorder

Chapter I England and Wales

Youth crime and disorder

8 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;

F2(aa)

a parental compensation order is made in relation to a child's behaviour; F3or

(b)

F4 an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 F5or a criminal behaviour order or F6sexual harm prevention order is made in respect of a child or young person;

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Subject to subsection (3) and section 9(1) below F8. . . , 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 F9...(“the parent”).

(3)

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in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

F10(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) 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)

in a case falling within paragraph (a) F11, (aa) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to F12 the order being made or the injunction granted

F13(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 repetitionF14....

F15(7A)

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.

(8)

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—

(a)

F16an officer of a local probation boardF17or an officer of a provider of probation services;

(b)

a social worker of a local authority F18. . . ; and

F19(bb)

a person nominated by F20a person appointed as director of children’s services under section 18 of the Children Act 2004 or by a person appointed as chief education officer under section 532 of the M1Education Act 1996

(c)

a member of a youth offending team.

F21(9)

In this section—

“criminal behaviour order” has the meaning given by section 330 of the Sentencing Code;

“sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.