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child’s needs, the capacities of their parents and wider family, and environmental factors.
This enables councils to determine whether the child is a ‘child in need’ and what services
may be necessary in order to address the assessed needs.
The assessment of the child’s needs should run in parallel with evidence gathering and the
application process. Statutory agencies, such as social services, the local education authority
or the health authority, have a statutory obligation to provide services to under-18s.They
should do so irrespective of whether an ASBO application is to be made and the timing of
that application. The ASBO application does not prevent such support and can proceed in
parallel, or indeed prior to, that support.
Parenting orders
This section should be read in conjunction with Government guidance on parenting contracts
and parenting orders. ’There is also information on the Together website
(www.together.gov.uk).The applicant for parenting orders is the YOT. (Provisions in the
Police and Justice Bill currently before Parliament aim to extend to registered social
landlords and local authorities the power to apply lor parenting orders.)
Parenting orders are available alongside other court action where:
- an ASBO or a sex offender order has been made in respect of a child or young person;
or a child or young person has been convicted of a criminal offence.
- Parenting orders can be made for children aged between 10 and 17 provided that the
conditions in section 8 of the Crime and Disorder Act 1998 are not. This section stipulates
that a parenting order is desirable only if it is made ‘in the interest of preventing repetition of
the behaviour which led to the order being made.’
- The court can decide to make the order; it is not necessary to obtain the consent of the
parent or guardian.
It is essential that parents and guardians take responsibility for the behaviour of their
children. If an ASBO or an order on conviction is made against a child or young person, the
court must also consider making a parenting order in respect of the parents or guardians of
the child or young person. Where the parent or child has a disability, a practitioner with
specialist knowledge should be involved in the assessment process to help establish whether
the behaviour is a result of disability and whether it could or should be addressed.
Parenting orders are civil orders that help to engage parents8 9 10 11 to address their child’s
offending or anti-social behaviour, and to establish discipline and build a relationship with
their child. This may help the conditions of the ASBO to be met and thereby reduce the
chances of the young person breaching the order.
The parenting order requires the parent or guardian to comply, for a period of not more than
12 months, with such requirements as are specified in the order, being those which the court
considers desirable in the interests of preventing any repetition of the anti-social behaviour
(for example ensuring that the Department of Health (2000) Framework for the assessment
of children in need end their families.
Home Office, Youth Justice Board, Department for Constitutional Affairs. Parenting
Contracts and Orders Guidance, February 2004.
Provision for parenting orders is set out in sections 8, 9 and 10 of the Crime and Disorder Act
1998.The orders can be made in proceedings where a child safety order, an ASBO or sex
offender order has been made; a child or young person is convicted of an offence: or a person
is convicted of an offence under sections 443 or 444 of the Education Act 1996.
1.1. For the purposes of the 1998 Act, the term 'parent' has the same meaning as that contained
within section 1 of the Family Law Reform Act 1987, that is either of the child’s or young
person's natural parents whether or not married to each other at the time of their birth.
'Guardian' is defined in section 117 of the 1998 Act with reference to section 107 of the
Children and Young Persons Act 1933, and includes any person who, in the opinion of the