Part 3

Parental responsibilities

Criminal conduct and anti-social behaviour

Parenting orders in respect of anti-social behaviour: relevant housing providers
26B
1
A
relevant housing provider
may apply for a parenting order in respect of a parent of a child or young person if—
a
the
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
relevant housing provider
.
An application for such an order may be made to a magistrates' court or, where section 26C so allows, to
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
relevant housing provider
must not make an application under this section without first consulting the local authority
(or, if subsection (8A) applies, each local authority)
in whose area the child or young person in question resides or appears to reside.
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
relevant housing provider
which applied for the order, or
b
a person nominated by that
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
relevant housing provider
must take into account the views of—
a
the local authority
(or authorities)
mentioned in subsection (8), and
b
such other persons or bodies as the
relevant housing provider
thinks appropriate.
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)
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)
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)
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)
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)
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)
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)