Part 3

Parental responsibilities

Criminal conduct and anti-social behaviour

Parenting orders in respect of criminal conduct and anti-social behaviour : youth offending teams
26
1
This section applies where a child or young person has been referred to a youth offending team.
2
A member of the youth offending team may apply to a magistrates' court for a parenting order in respect of a parent of the child or young person.
3
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 criminal conduct or 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 criminal conduct or further anti-social behaviour.
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), 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 under this section may, but need not, include a requirement mentioned in subsection (4)(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.
6
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
7
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 criminal conduct or further anti-social behaviour.
8
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.
9
A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team.
S. 26 in force at 27.2.2004 by S.I. 2003/3300, art. 3(a)(iii)
Words in s. 26 heading inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 54(2); S.I. 2007/1614, art. 3(d)
S. 26(9) inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 54(3); S.I. 2007/1614, art. 3(d)