Section 26A Parenting orders in respect of anti-social behaviour: local authoritiesF1
England and Wales
A local authority may apply for a parenting order in respect of a parent of a child or young person if—
the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and
the child or young person resides, or appears to reside, in the local authority's area.
An application for such an order may be made to a magistrates' court or, where section 26C so allows, to F2the county court .
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—
that the child or young person has engaged in anti-social behaviour, and
that making the order would be desirable in the interests of preventing the child or young person from engaging in further anti-social behaviour.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
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.
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.
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.
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.
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.
A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is—
an officer of the local authority which applied for the order, or
a person nominated by that authority or by a person or body requested by the authority to make a nomination.
A person may not be nominated under paragraph (b) without his consent.
Annotations
Textual amendments
- F1
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)
- F2
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)