Citation and commencement

1. These Rules may be cited as the Magistrates’ Courts (Parenting Orders) (Amendment) Rules 2007 and come into force on 1st September 2007.

Amendment of the Magistrates’ Courts (Parenting Orders) Rules 2004

2. The Magistrates’ Courts (Parenting Orders) Rules 2004( 2 ) are amended as follows.

3. After rule 6, insert the following—

“ 7. An application for a parenting order made under section 26A ( 3 ) (parenting orders in respect of anti-social behaviour: local authorities) of the 2003 Act shall be made by complaint and in the form set out at Schedule 5 or a form to like effect.

8. A parenting order made under section 26A of the 2003 Act shall be in the form set out in Schedule 6 or a form to like effect.

9. An application for a parenting order made under section 26B ( 4 ) (parenting orders in respect of anti-social behaviour: registered social landlords) of the 2003 Act shall be made by complaint and in the form set out at Schedule 7 or a form to like effect.

10. A parenting order made under section 26B of the 2003 Act shall be in the form set out in Schedule 8 or a form to like effect. ” .

Amendment of Schedule 1

4. In Schedule 1 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 20))—

(a) for “Child or young person’s age:” substitute—

“ Child or young person’s age and date of birth (or date on which they are believed to have been born): ” ;

(b) for “Applicant Local Education Authority:” substitute—

“ Applicant:

[Local Education Authority:

[Governing Body of the [ ]

School’s address: [ ]]

[School from which the pupil was excluded, if different:

School’s address: [ ]]

[School at which the behaviour which would warrant exclusion from school on disciplinary grounds took place, if different:

School’s address: [ ]] ” ;

(c) for “(a) the child or young person has been excluded from school on disciplinary grounds;” substitute—

“ (a) [the child or young person has been excluded from school on disciplinary grounds;] [the child or young person has engaged in behaviour [insert details] which would warrant exclusion from school on disciplinary grounds;] ” ; and

(d) after “[It is alleged that the parent(s) have refused to enter into a parenting contract.]” insert—

“ [It is alleged that the parent(s) have failed without reasonable excuse to attend a reintegration interview.] ” ;

(e) after “[The child or young person is under 16. Information as to the family circumstances of the child or young person is attached.]”, insert—

“ It is alleged that making the order would be desirable in the interests of preventing the child or young person from engaging in behaviour which would warrant their exclusion from school on disciplinary grounds for a fixed period or permanently. The court is requested to make such an order in respect of [ insert person’s name ] [and] [ insert person’s name ].

[The applicant requests the court to order that the person(s) named above attend for a period of [ insert number ] months a counselling or guidance programme to be specified in directions given by the responsible officer.] ” ; and

(f) for—

“ Short Description of the counselling/guidance programme to be attended by the parent(s)/guardian(s):

Further requirements to be included in the order: ” ,

substitute—

“ Short description of such residential course to be attended by the parent(s)/guardian(s):

The applicant requests the court to order that the parent(s)/guardian(s) comply for a period of [ insert number ] months with requirements to be specified in the Parenting Order as follows: ” .

Amendment of Schedule 2

5. In Schedule 2 (Parenting Order (Anti-social Behaviour Act 2003, section 20))—

(a) for “Applicant Local Education Authority” substitute—

“ Applicant Local Education Authority/School Governing Body ” ;

(b) for the paragraph beginning “[ insert child/young person’s name ]” substitute the following—

“ [[ insert child/young person’s name ] of [ insert address ] who is believed to have been born on [ insert date of birth ], [a registered pupil][formerly a registered pupil] at [ details of school ]] has [been excluded from [details of school from which the child or young person has been excluded, if different ] on disciplinary grounds] and the prescribed conditions are met [ insert details ].]

[The court is satisfied that [ insert child/young person’s name ] of [ insert address ] who is believed to have been born on [ insert date of birth ], [a registered pupil at [ details of school ]] has engaged in behaviour which would warrant exclusion from school on disciplinary grounds] and the prescribed conditions are met.] ” ; and

(c) for the paragraph beginning “Decision:” substitute—

“ Decision: In exercise of its powers under section 20(3) of the Anti-social Behaviour Act 2003 ( 5 ) (“the 2003 Act”) and having complied with its duties under that section[, and having complied with its duty under section 21(1) of the 2003 Act in taking into account the failure of the persons named above to [enter into][comply with] a parenting contract][, and having complied with its duty under section 21(1A) of the 2003 Act ( 6 ) in taking into account the failure of the persons named above without reasonable excuse to enter into a reintegration interview], the court has decided to impose a parenting order on the person(s) named above being parent(s) of the pupil because the court considers that the order would be desirable in the interests of improving the behaviour of the pupil. ” .

Amendment of Schedule 3

6. In Schedule 3 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 26))—

(a) for “Child or young person’s age:” substitute—

“ Child or young person’s age and date of birth (or date on which they are believed to have been born): ” ;

(b) after “[The child or young person is under 16. Information as to the family circumstances of the child or young person is attached.]” insert—

“ It is alleged that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour. The court is requested to make such an order in respect of [ insert person’s name ] [and] [ insert person’s name. ].

[The applicant requests the court to order that the person (s) named above attend for a period of [ insert number ] months a counselling or guidance programme to be specified in directions given by the responsible officer.] ” ; and

(c) for—

“ Short description of the counselling/guidance programme to be attended by the parent(s)/guardian(s):

Further requirements to be included in the order: ” ,

substitute—

“ Short description of such residential course to be attended by the parent(s)/guardian(s):

The applicant requests the court to order that the parent(s)/guardian(s) comply for a period of [ insert number ] months with requirements to be specified in the Parenting Order as follows: ” .

7. After Schedule 4, insert the Schedules set out in the Schedule to these Rules.

Rule 7

SCHEDULE SCHEDULES 5 TO 8 OF THE MAGISTRATES’ COURTS (PARENTING ORDERS) RULES 2004

Rule 7

“ SCHEDULE 5

Rule 8

SCHEDULE 6

Rule 9

SCHEDULE 7

Rule 9

SCHEDULE 8

”