Children Act 1989, section 11L

Enforcement orders: making

Part II Orders With Respect To Children In Family Proceedings

(1)Before making an enforcement order as regards a person in breach of [F166 a provision of a dfnchild arrangements F166] order, the court must be satisfied that—

(a)making the enforcement order proposed is necessary to secure the person's compliance with the[F167 dfnchild arrangements F167] order or any [F167 dfnchild arrangements F167] order that has effect in its place;

(b)the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach F168....

(2)Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.

(3)Before making an enforcement order as regards a person in breach of a [F169 provision of a dfnchild arrangementsF169] order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.

(4)Information about the likely effect of the enforcement order may, in particular, include information as to—

(a)any conflict with the person's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(5)A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).

(6)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

(7)In making an enforcement order in relation to a [F170 dfnchild arrangementsF170] order, a court must take into account the welfare of the child who is the subject of the contact order.F165]

Definitions used in section 11L 7

enforcement order

“enforcement order” has the meaning given by section 11J;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
unpaid work requirement

3A (1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a) the work to be performed, and

(b) the times ... at which the person is to perform it.

Defined in Sch.A1 para.3A(1) · see it in the full Act
officer of the Service

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000 ;

Defined in s.105(1) · see it in the full Act
Welsh family proceedings officer

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .

Defined in s.105(1) · see it in the full Act

Cases considering section 11L 3

A & B (Children)

[2013] EWHC 2305 (Fam) · 31 July 2013Interprets

Applied the requirement that an enforcement order be necessary to secure compliance. The court held that coercion was not close to indispensable and dismissed the enforcement application (see para [91]). Applied the requirement to take the children’s welfare into account when considering enforcement. The children’s resistance and the likely harmful effect of coercion weighed against making an order (see paras [89]-[91]).

W-B (A Child), Re

[2012] EWCA Civ 592 · 18 April 2012Disapplies

The attempted enforcement application under section 11L was erroneous because the statutory unpaid-work remedy was unavailable against a person not habitually resident in England and Wales. (see para [8])

L-W (Children), Re

[2010] EWCA Civ 1253 · 4 November 2010

The court held that the judge was entitled to regard an enforcement order based on the two retained breaches as necessary to secure compliance with contact arrangements (see paras [36]; [86]-[87]). The court held that the limited enforcement order retained after correction of the breach findings was proportionate to the seriousness of the two breaches (see paras [36]; [86]-[87]). For the limited enforcement order that remained justified, the court upheld the judge’s conclusion that the order was compatible with the child’s welfare (see paras [36]; [52]; [86]-[87]).

What each judgment says about section 11L is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F165S. 11L inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)
  2. F166Words in s. 11L(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F167Words in s. 11L(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F168Words in s. 11L(1)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F169Words in s. 11L(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  6. F170Words in s. 11L(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.