Teachernet, Parenting orders

Parenting Orders (Education)

The Crime and Disorder Act 1998 gave powers to local authorities (LAs) to apply to the courts for a parenting order following the successful prosecution of a parent for the offence of failing to ensure their child's regular attendance at school under section 444 (1) of the Education Act 1996. These powers have been available since 30 September 1998.

The Anti-social Behaviour Act 2003 gave powers to LAs to apply for a parenting order following exclusion in order to improve children's behaviour in schools. These provisions came into force on 27 February 2004.

Recent developments

The Education and Inspections Act 2006 made changes to the 2003 Act to allow schools to apply direct to the courts for an order in cases of serious misbehaviour/exclusion. Schools and LAs can also apply for an order earlier, prior to exclusion, following serious misbehaviour which if continued would warrant exclusion. These provisions came into force on 1 September 2007.

What is a parenting order?

A parenting order is a civil court order which compels a parent to attend parenting classes or counselling and to fulfil other requirements as determined necessary by the court for improving their child's attendance or behaviour, e.g. ensuring that the child arrives for school on time or parent attends regular meetings with the school. Orders usually last for 12 months. Non education-related parenting orders are also available to Youth Offending Teams (YOTs) and the courts where a child has been involved in criminal or anti-social behaviour. Guidance on this is provided by the Ministry of Justice.

When will an order be appropriate?

They are appropriate where:

pupil fails to attend school regularly
a pupil has seriously misbehaved which if continued would warrant exclusion (further definition and examples are available in DCSF guidance)
a pupil has been excluded (for any fixed period or permanent exclusion)
where parenting is considered a factor in the child's behaviour/attendance and they are unwilling to engage voluntarily with the LA or school.

Why parenting orders for behaviour?

Parenting is often a strong influence in a child's behaviour and attendance, and the DCSF recognises that parents need support. However, some parents are simply unwilling to engage voluntarily when schools and LAs raise issues over their child's behaviour and therefore may require sanctions in order for them to take action. Parenting programmes help parents gain the skills and confidence they need and have proved successful in the area of youth crime with over 90 per cent of participating parents saying that they would recommend them to other parents in their situation.

What are the advantages?

Parenting orders are a helpful addition to LA and school toolkits for improving behaviour and attendance:

They enable schools and LAs to address behaviour and attendance issues with parents where they are otherwise unwilling to engage.
They provide parents with professional support.
They may help to reduce the need for exclusions in schools.

What are the mechanics of applying?

Only LAs can make an application to the court in the case of attendance, following a successful prosecution of the parent for their child's irregular school attendance. But schools can make a request to their LA to bring a prosecution.

In the case of behaviour both LA and school can make an application direct to the Magistrates' Court by completing a proforma and providing evidence. See Guidance on Education Related Parenting Contracts, Parenting Orders and Penalty Notices.

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