TRAINING FOR SCHOOL
LEADERS
PRIVATE LAW ORDERS
10th March 2017
•
Maria Demosthenous
• Laura Pedley
What is a private law order?
• A Child Arrangements Order
– Regulating arrangements relating to with whom and when a child is to
live, spend time or otherwise have contact.
• A prohibited steps Order
– An Order that no steps which could be taken by
a parent in
meeting his parental responsibility
for a child, and which is of a kind
specified in
the Order, shall be taken by any person
without
the consent of the Court
• A specific issue Order
– An Order giving directions for the purpose of determining a specific
question which has arisen, or which may arise, in connection with any
aspect of parental responsibility for a child.
These Orders all fall under section 8 of the Children Act 1989.
Parental Responsibility
Section 3 (1) Children Act 1989:
– ‘all the rights, duties, powers, responsibilities
and authority which by law a parent of a child
has in relation to the child and his property.’
Children Act 1989 Guidance Volume 1:
– Parental responsibility is concerned with
‘bringing the child up, caring for him and
making decisions about him’
Case Law describes parental responsibility as a:
‘bundle of rights, or to be more exact, a ‘bundle of
powers’… These include power to control education, the
choice of religion, and the administration of the infant’s
property. They include entitlement to veto the issue of a
passport and to withhold consent to marriage. They
include, also, both the personal power physically to
control the infant until the years of discretion and the
right to apply to the Courts to exercise the powers of the
Crown as parens patriae.
(Hewer v Bryant [1969])
Parental Responsibility can be restricted by:
A Child Arrangements Order (for example
determining what contact a child has with each parent or
where that child lives).
a
A Specific Issue Order or prohibited steps order (for
example removing the child from the UK, preventing
change in the child’s schooling, preventing a parent
exercising his right to see the child’s school records.
Care Order/Supervision Order/Education
Supervision Order.
Wardship.
CHILD ARRANGEMENTS
ORDERS AND SCHOOL
RESPONSIBILITY
Ensure that you have a copy of the Child
Arrangements Order on the child’s file – these
should be given to you direct by parents.
Remember to ask for any updated Orders to be
given to you as soon as possible.
Example of a Child Arrangements
Order
PRIVATE LAW CHILDREN ORDERS
Part B – Case Management & Section 8 Orders
B1
Family Court at Birmingham
B2
Date 14 June 2016
B3
Parties/Representation
Child acting via Guardian, represented by
B4
(mother)
(father)
Other parties attending
(maternal grandparents) are not parties but present at court
B5
Warning Notices (add as necessary)
The above names are not to be publicly disclosed without the court’s
permission.
This order includes a child arrangements order (the part of the order
setting out living arrangements for a child and about time to be spent or
contact with another person). If you do not do what the child
arrangements order says you may be sent to prison and/or fined, made
to do unpaid work or pay financial compensation.
It is a criminal offence to take a child out of the UK without the consent
of everybody with parental responsibility unless the court has given
permission. However, if an order has been made that a child is to live
with a person, that person may take that child out of the UK for up to a
month at a time.
While a child arrangements order is in force in respect of a child nobody
may cause the child to be known by a new surname without the consent
of everybody with parental responsibility or the court’s permission.
A penal notice is attached to parts of this order. That means that if you
do not do what those parts of the order say you may be sent to prison,
fined and/or your assets may be seized.
It is a criminal offence to take a child out of the UK without the consent
of everybody with parental responsibility unless the court has given
permission. However, if an order has been made appointing a person as
special guardian for a child, that person may take that child out of the
UK for up to three months at a time.
This order includes a special guardianship order. While it is in force
nobody may cause the child to be known by a new surname without the
B6
Recitals
It is agreed between the maternal grandparents (special
guardians) and the paternal aunts (contact supervisors) that the dates for
contact for the rest of 2016 will be as follows: 12 June, 10 July, 7 August, 14
August (to replace the contact that was due to take place in May), 4
September, 2 October, 30 October, 22 November, week of Christmas to be
confirmed.
B7
Reasons for hearing
This hearing was listed as directed at the last hearing following the local
authority’s application for discharge of the care order.
B14
Jurisdiction
The Court is satisfied that the child is habitually resident in the United
Kingdom.
B26
Special Guardianship
……………………. are appointed as Special Guardians in respect of the child
……………..
B31
Orders “contact with”
The special guardians must make sure that the child spends time with the
parents as follows: for a duration of 2 hours, at a frequency of once a month,
to take place at ………………….home
which is to be supervised by …………………………
In the event that …………………. is unable to supervise due to work or other
commitments, the maternal grandparents will agree an alternative date
with………………….. within two weeks of the missed contact.
The special guardians will transport the child to and from ……….home for
contact.
B58
Costs
There be public funding assessment of the child’s publicly funded costs.
• Parties take responsibility for ensuring that directions
contained within a Child Arrangements Order actually
take place – for example a child attending contact
with mother after school on a Thursday. It is not the
responsibility of school staff to ensure that this takes
place or in fact to facilitate the same.
If parents approach you to try and attempt to resolve
matters – ie child should be in contact with me, can
you help me – this is not your responsibility and you
should refer them back to their legal representatives
to seek their own legal advice if there are any
breaches of the Orders. You are not expected to act
as mediators.
If there is an order for no contact with either parent, the Order should
be on the child’s file and the relevant members of staff must be aware
of the same. If the person who should not be having contact attends at
school, if the matter cannot be resolved contact the Police.
If parents attend school and this leads to altercations on school
property and this cannot be resolved, contact the Police.
If a safeguarding issue arises – for example a child is clear he doesn’t
want to go home with father – initiate your school child protection
procedures in line with your school child protection policy, ensuring that
reference to any Court order is included in the referral.
Remember to always remain impartial when dealing with these issues
and to keep a clear record of all incidents in line with your school
practice.
Requests for Statements
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•
•
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If a parent approaches the school to prepare a
statement, explain that you will need a formal letter
from their solicitor or a copy of any Court order
directing the same before that this can be
completed.
If you are formally requested to prepare a
statement, remember to detail the concerns that
you have in respect of the child but also to highlight
any positives.
In the event that you cannot comply with a formal
request or need an extension of time, seek legal
advice for support.
Remember to stay neutral in your statement and
provide factual information from your knowledge or
school records.
Legal Support
0121 704 6003 and ask for the
duty solicitor.