Parenting Orders under the Crime and Disorder Act 1998 have been available nationally since 1 June 2000. The Anti-social Behaviour Act 2003 and Criminal Justice Act 2003 amended Parenting Orders to increase their flexibility and widen their availability. The Anti-social Behaviour Act 2003 also introduced a statutory basis for Parenting Contracts. These measures were commenced in England and Wales on 27 February 2004.
See Circular: Parenting Orders and Contracts for Criminal Conduct or Anti-social Behaviour [246Kb PDF, opens in new window] for technical guidance on all Parenting Orders and Contracts for criminal conduct or anti-social behaviour. It replaces guidance on Parenting Orders issued in May 2000.
The National Standards for Youth Justice Services has guidelines for Parenting Orders on page 60.
Revised YOT guidance on Parenting Orders and Contracts
The Ministry of Justice, YJB and Department for Children, Schools and Families (DCSF) have together produced revised Parenting Order and Contract Guidance. The revised version has clarified responsibilities around breach proceedings and taken account of various developments since 2004. Additionally, YOTs should, as a matter of good practice, attempt to engage both mothers and fathers when delivering parenting interventions.
Click to view and download the Parenting Contracts and Orders Guidance [opens in a new window].
This guidance should not be confused with separate guidance produced by the Respect Task Force on Parenting [opens in new window]. The Police and Justice Act (2006) contained provisions for local authorities to be given powers in relation to parenting contracts and orders, allowing community safety officers, Registered Social Landlords, Anti-Social Behaviour Officers and other partners to enter into contracts or apply for orders where a child is involved in anti-social behaviour.
These new powers came into force on 29 June 2007, and as CSOs, RSLs and other partners begin to use these powers, they will become increasingly important partners for YOTs in respect of parenting work aiming to prevent offending and anti-social behaviour. This will mean local protocols will need to be developed in terms of referals between agencies and sharing of cases.
However, the YJB is clear that these new powers will have no additional resource implications for YOTs.
Sexual Offences Prevention Order
There has been a change to section 8 of the Crime and Disorder Act 1998 – the Sexual Offences Prevention Order (SOPO) has replaced the Sex Offender Order (SOO). This means that courts can make a Parenting Order in the same proceedings in which it makes a child or young person subject to a Sexual Offences Prevention Order. This power has been introduced with immediate effect by section 60 of the Violent Crime Reduction Act 2006, which received Royal Assent on 8 November 2006.
We are not aware of any Parenting Order being made with a SOO: if one were to be made with a SOPO the YOT would need to take particular care to tailor a parenting intervention informed by specialist advice. If such a situation occurs please contact Dale Smith of the Youth Justice and Children Unit at the Ministry of Justice.