Children Act 1989, section 91A

Section 91(14) orders: further provision

Part XII Miscellaneous and General

(1) This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).

(2)The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put—

(a)the child concerned, or

(b) another individual (“the relevant individual”),

at risk of harm.

(3) In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.

(4)Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.

(5)A section 91(14) order may be made by the court—

(a)on an application made—

(i)by the relevant individual;

(ii)by or on behalf of the child concerned;

(iii)by any other person who is a party to the application being disposed of by the court;

(b)of its own motion.

(6) In this section, “the child concerned” means the child referred to in section 91(14). F965]

Definitions used in section 91A 5

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
harm

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

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
ill-treatment

“ill-treatment” has the same meaning as in section 31(9);

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

Cases considering section 91A 20

C (Child Arrangements Orders; Domestic Abuse; Child Focused Court), Re

[2026] EWCA Civ 1216 · 29 September 2026

The court held that the mother did not fall within the circumstances in which a restriction on applications was justified, unlike the father, for whom there was a strong arguable basis. (see paras [131]-[133]) The court recognised that a section 91(14) order may be made of the court’s own motion, but held that its imposition against the mother was unjustified on the facts. (see paras [132]-[133])

YL v A Local Authority & Ors

[2026] EWHC 2156 (Fam) · 6 August 2026

The court considered the inserted provisions as the statutory context for assessing when further applications may place a child or another individual at risk of harm. (see paras [12], [53], [58]) The court applied the risk-of-harm circumstance in assessing whether a section 91(14) order was justified to protect AM from the consequences of continued litigation. (see paras [12], [53](c), [57]-[58])

S v S (No2)(Art 21 Welfare)

[2026] EWHC 434 (Fam) · 3 March 2026Interprets

The court relied on s.91A as widening the circumstances in which a s.91(14) order may be made, including where a future application would put a child or another individual at risk of harm. (see paras [28]-[31]) The court treated the statutory risk-of-harm circumstances as including harm to the child or another relevant individual and applied that protection to the children and mother. (see paras [28]-[31], [50]-[51])

What each judgment says about section 91A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F965S. 91A inserted (E.W.) (19.5.2022) by Domestic Abuse Act 2021 (c. 17), ss. 67(3), 90(6); S.I. 2022/553, regs. 1(2), 2(1)(b)