Part 1Duty to participate in education or training: England
Chapter 4Parenting contracts and parenting orders
41Parenting orders
1
This section applies where a person to whom this Part applies (“the young person”) is failing to fulfil the duty imposed by section 2.
2
A F1local authority in England may apply to a magistrates' court for a parenting order in respect of a parent of the young person, if the parent is resident in England.
3
If such an application is made, the court may make a parenting order in respect of the parent if it is satisfied that—
a
the young person is failing to fulfil the duty imposed by section 2, and
b
the making of the order would be desirable in the interests of the young person's fulfilment of that duty.
4
A parenting order is an order which requires the parent—
a
to comply, for a period not exceeding 12 months, with such requirements as are specified in the order, and
b
subject to subsection (5), to attend, for a concurrent period not exceeding 3 months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
5
A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(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.
6
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
7
The first condition is that the attendance of the parent at a residential course is likely to be more effective than attendance at a non-residential course in the interests of the young person's fulfilment of the duty imposed by section 2.
8
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.