Prospective
41Parenting ordersE+W
(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 local education 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.