FOURTH GROUP OF PARTS

Further powers relating to sentencing
PART 11

Behaviour orders
CHAPTER 4

Parenting orders

Parenting order in case of certain offences related to school attendance

Parenting order in respect of certain offences under Education Act 1996
369
1
A parenting order under this section is available to the court by or before which an offender is convicted of an offence under—
a
section 443 of the Education Act 1996 (failure to comply with school attendance order), or
b
section 444 of that Act (failure to secure regular attendance at school of registered pupil).
This is subject to section 370.
2
Where a parenting order under this section is available, the court may make such an order in respect of the offender if satisfied that the order would be desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.
3
Subsections (4) and (5) apply where a court makes a parenting order under this section.
4
The requirements that the court may specify under section 365(1)(a) are requirements that it considers desirable in the interests of preventing the commission of any further offence under section 443 or 444 of the Education Act 1996.
5
If the order contains a requirement under section 365(1)(b) and the court is satisfied that—
a
the attendance of that offender at a residential course is likely to be more effective than the offender's attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and
b
any interference with family life which is likely to result from that person's attendance at a residential course is proportionate in all the circumstances,
the court may provide in the order that a counselling or guidance programme which the offender is required to attend by virtue of the requirement may be or include a residential course.
6
Before making a parenting order under this section in a case where the offence related to a person aged under 16, the court must obtain and consider information about—
a
that person's family circumstances, and
b
the likely effect of the order on those circumstances.
S. 369 in force at 1.12.2020 by S.I. 2020/1236, reg. 2