The Magistrates' Courts (Parenting Orders) Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules set out the procedure in relation to parenting orders under sections 20 and 21, and sections 26 and 27 of the Anti-social Behaviour Act 2003, and provide forms in relation to these parenting orders. They also provide a form for parenting orders made under section 8 of the Crime and Disorder Act 1998, and a form for parenting orders made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000. The procedures to be followed when applying for and varying or discharging parenting orders are also set out.

Parenting orders were introduced by the Crime and Disorder Act 1998. Sections 20 and 26 of the Anti-social Behaviour Act 2003 and section 324 of the Criminal Justice Act 2003 extend the situations in which parenting orders can be made. Sections 20 and 21 set out provisions for local education authorities to apply for parenting orders where the child has been excluded from school. Sections 26 and 27 set out provisions to extend the circumstances for parenting orders in respect of criminal conduct or anti-social behaviour. Parenting orders require the parent(s) or guardian(s) of a child who has been excluded from school, failed to attend school regularly or who is involved in anti-social or criminal behaviour, to attend a counselling and guidance programme if it is desirable in the interests of improving the child's/young person’s behaviour or school attendance, or in preventing the child or young person from engaging in further criminal conduct or anti-social behaviour. Parenting orders may include other requirements including a requirement to attend a residential course.

These Rules will come into force on 27th February 2004.