Crime and Disorder Act 1998

8 Parenting orders.E+W

(1)This section applies where, in any court proceedings—

(a)a child safety order is made in respect of a child [F1or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order];

[F2(aa)a parental compensation order is made in relation to a child's behaviour;]

(b)[F3 an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, an order is made under section 22 of that Act or a ] [F4sexual harm prevention order] is made in respect of a child or young person;

(c)a child or young person is convicted of an offence; or

(d)a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M1Education Act 1996.

(2)Subject to subsection (3) and section 9(1) below F5. . . , if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).

(3)A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

[F6(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) below, 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 may, but need not, include such a requirement as is mentioned in subsection (4)(b) above 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)The relevant condition is that the parenting order would be desirable in the interests of preventing—

(a)in a case falling within paragraph (a) [F7, (aa)] or (b) of subsection (1) above, any repetition of the kind of behaviour which led to [F8 the order being made or the injunction granted ]

(b)in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;

(c)in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M2Education Act 1996.

(7)The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.

[F9(7A)A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—

(a)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 any such repetition or, as the case may be, the commission of any such further offence, and

(b)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)In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

(a)[F10an officer of a local probation board][F11or an officer of a provider of probation services];

(b)a social worker of a local authority F12. . . ; and

[F13(bb)a person nominated by [F14a person appointed as director of children’s services under section 18 of the Children Act 2004 or by] a person appointed as chief education officer under section 532 of the M3Education Act 1996]

(c)a member of a youth offending team.

[F15(9)In this section “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders).]

Textual Amendments

F1Words in s. 8(1)(a) inserted (1.3.2005) by Children Act 2004 (c. 31), ss. 60(2), 67(7)(h); S.I. 2005/394, art. 2(1)(j)

F2S. 8(1)(aa) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(2); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F3Words in s. 8(1)(b) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 25(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(iv) (with art. 4) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 4)

F5Words in s. 8(2) omitted (27.2.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 1; S.I. 2004/81, art. 5(2)(d) (and those same words repealed (15.12.2004) by Pt. 12 of Sch. 37 to that Act; S.I. 2004/3033, art. 3(2)(e)(ii)(cc))

F6S. 8(4)(5) substituted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 18(2), 93(1); S.I. 2003/3300, art. 3(a)(i)

F7Words in s. 8(6)(a) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(3)(a); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F8Words in s. 8(6)(a) substituted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 25(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(iv) (with art. 4) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 4)

F9S. 8(7A) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 18(3), 93(1); S.I. 2003/3300, art. 3(a)(i)

F10Words in s. 8(8)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F12Words in s. 8(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F13S. 8(8)(bb) inserted (1.4.2001) by 2000 c. 43, s. 73; S.I. 2001/919, art. 2(d)

F14Words in s. 8(8)(bb) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(2); S.I. 2007/1792, art. 2

Modifications etc. (not altering text)

C1S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I1S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations