# Anti-social Behaviour Act 2003, Section 26A: Parenting orders in respect of anti-social behaviour: local authorities

Extent: E+W

(1) A local authority may apply for a parenting order in respect of a parent of a child or young person if—
(a) the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and
(b) 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 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 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 local authority which applied for the order, or
(b) 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.

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Source: https://www.legislation.gov.uk/ukpga/2003/38/section/26A (the official version)
Page: https://openlegislation.uk/anti-social-behaviour-act-2003/section-26A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.