Page 403 - 6. 2016 Diary 1st half New 26-05-21 No Table

court, has for the time being the care of the child or young person. This may include people
who may not have parental responsibility for the child or young person as defined in the
Children Act 1989, such as stepparents.
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Simon Cordell’s Skeleton Argument (2) Pdf
Children and young people
child attends school regularly, avoids certain places, or is home by a certain time at night).
The parent or guardian is required to attend a counselling or guidance programme for up to
three months. This element is compulsory and must be imposed in all cases when an order is
made (except where the parent or guardian has previously received a parenting order - section
8(5)). Programmes can cover setting and enforcing consistent standards of behaviour and
responding more effectively to unreasonable adolescent demands.
The court needs to consider an oral or written report before making a parenting order, unless
the child or young person has reached the age of 16.T0 avoid unnecessary adjournments,
such a report should be available early in the court process.
A ‘responsible officer’, who will generally be from the local YOT, social services, probation
service or local education authority, supervises delivery of the parenting order.
The officer will have responsibility for, among other things, arranging the provision of
counselling or guidance sessions and ensuring that the parent complies with any other
requirements which the court may impose.
If the parent does not comply with the order, the responsible officer can refer the matter to the
police for investigation. Such action is generally expected only where noncompliance is
sufficiently serious to warrant possible prosecution - the responsible officer is expected to
work with the parent to improve compliance. But if prosecuted and convicted for non-
compliance, the parent can be fined up to Jo 1,000 (level 3 on the standard scale).
Individual support orders
Section 1AA of the Crime and Disorder Act 1998, which was inserted by section 322 of the
Criminal Justice Act 2003, provides for the making of ISOs, which have been available since
May 2004.They are civil orders and can be attached to ASBOs made against young people
aged between 10 and 17 years old. They impose positive requirements on the young person
and are designed to tackle the underlying causes of their anti-social behaviour.
ISOs are available for stand-alone ASBOs made in the magistrates’ courts only. Where a
magistrates’ court makes an ASBO against a young person, it must also make an ISO if it
considers that an ISO would help to prevent further anti-social behaviour. ISOs are not
available for orders on conviction, where it is expected that sentencing will address the
underlying causes of the offence.
ISOs can last up to six months and require a young person to comply with such requirements
as may be specified in the order and any directions given by the responsible officer to that
end. Such requirements must be those which the court considers desirable in the interests of
preventing repetition of the anti-social behaviour and may include requirements to participate
in certain activities, to report to a specified person at specified times or to comply with
educational arrangements, but in no case should they require attendance on more than two
days a week. An example would be support sessions tailored to the individual’s needs and
designed to address the causes of the behaviour that led to the ASBO being made, such as
counselling for substance misuse or an anger management programme. The ISO may name
specific activities the individual must participate in and can also specify dates and places
where attendance is required.
ISO application process