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Parenting order – Education Act

May be made by	A magistrates’ court
Relevant legislation	Sentencing Act 2020, part 11, Chapter 4
Availability	The court may make a parenting order where an offender has been convicted of an offence under section 443 of the Education Act 1996 (failure to comply with school attendance order) or section 444 (failing to secure regular attendance at school) and the court is satisfied that the order would be desirable in the interests of preventing the commission of any further offence under either of those sections (Sentencing Code, s.369).
Content of the order	The order may impose such requirements that the court considers desirable in the interests of preventing the commission of a further offence under section 443 or 444. A requirement to attend a counselling or guidance programme as specified by the responsible officer must be included unless the offender has been the subject of a parenting order on a previous occasion. If the order contains a requirement to attend a counselling or guidance programme and the court is satisfied that: (a) the attendance of the offender at a residential course is likely to be more effective than the offender’s attendance at a non-residential course in preventing the commission of any further offence under section 443 or 444 of the Education Act 1996, and (b) any interference with family life which is likely to result from that person’s attendance at a residential course is proportionate in all the circumstances, the court may provide in the order that a counselling or guidance programme which the offender is required to attend by virtue of the requirement may be or include a residential course. Before making a parenting order the court must explain to the parent in ordinary language, the effect of the order and its requirements and the consequences of a breach.
Responsible Officer	The parenting order must specify the responsible officer. The responsible officer must be— an officer of a provider of probation services acting in the local justice area in which it appears to the court that the parent resides or will reside, a social worker of the local authority in whose area it appears to the court that the parent resides or will reside, a person nominated by— a person appointed as director of children’s services under section 18 of the Children Act 2004, or a person appointed as chief education officer under section 532 of the Education Act 1996, or a member of a youth offending team established by the local authority in whose area it appears to the court that the parent resides or will reside.
Considerations	Before making a parenting order for an offender in relation to a child aged under 16, the court must obtain and consider information about that child’s family circumstances, and the likely effect of the order on those circumstances.
Length of the order	The term of the order must not exceed 12 months.
Consequences of breach	Breach of any requirement of a parenting order is a criminal offence, maximum penalty level 3 fine.