Legal powers on family intervention and parenting Caroline Hunter.

Legal powers on family intervention and parentingCaroline Hunter

Legal frameworks

Family Intervention tenancies Housing and Regeneration Act 2008 –

amending other Housing Acts, from January 1, 2009

First April 2009

Parenting contracts/orders Anti-social Behaviour Act 2003 (as

amended by Police and Justice Act 2006) Crime and Disorder Act 1998 (as amended)

Family Intervention Tenancy – what are they for?

The issue – security of those moving into family intervention projects

How many have used them? Dispersed tenancies or core blocks? Guidance:

http://www.communities.gov.uk/publications/housing/familyinterventionguide

How do they work?

New exception to security – HA 1985, Sch 1, para 4ZA; HA 1988 Sch. 1, para. 12ZA

Requirements: Evicted or could have been evicted for asb For the purposes of behaviour support

services Notice is given

The notice – minimum requirements

reasons for offering the Family Intervention Tenancy details of the accommodation in respect of which the Family

Intervention Tenancy will be granted the other terms of the Family Intervention Tenancy (including any

requirements on the new tenant in respect of behaviour support services)

an explanation of the insecure nature of a Family Intervention Tenancy (in comparison to a secure/assured tenancy)

an explanation that the tenant is under no compulsion to give up his existing tenancy or enter into the Family Intervention Tenancy

an explanation of the possible consequence of not entering into the Family Intervention Tenancy

advice as to how the tenant may obtain assistance in relation to the Family Intervention Tenancy notice served on him

The behaviour support agreement

In summary, behaviour support agreements should:

clearly outline the changes in behaviour that are expected

• clearly outline the behaviour support that will be provided

clearly outline what sanctions would be applied for non-compliance with the agreement

Guide para. 35

Family Intervention Tenancy – changing status and evicting

Change to secure or assured by notification – does not count as an allocation

Notice to quit – complying with PEA 1977, s.5 Local authorities (only):

preliminary notice internal review complying with Family Intervention

Tenancies (Review of Local Authority Decisions (England) Regulations 2008 SI 2008/3111

Questions

Is the legislation a “minefield”? Have you had any difficulties when

terminating a FIT? Not properly created Not properly terminated

Housing associations – do they need procedural safeguards post L&Q HT v. Weaver [2009] EWCA Civ 587?

Parenting orders/contracts – ASB Act 2003

Parenting contracts/orders: YOT: s.25 or 26 Local authority: s.25A or 26A (contracting

out) Housing association: s.25B or 26B

Does anyone apart from the YOT seek them?

Orders: freestanding or as part of county court proceedings (s.26C)?

Parenting Orders – Crime and Disorder Act 1998

As part of court proceedings: s.8 a child safety order is made in respect of a child or the court

determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order;

a parental compensation order is made in relation to a child's behaviour;

an anti-social behaviour order or sex offender order is made in respect of a child or young person;

a child or young person is convicted of an offence; or a person is convicted of an offence under section 443 (failure to

comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the Education Act 1996.

Order is desirable to avoid repetition of the behaviour/offence.

Freestanding conditions

Contracts: if there is reason to believe that the child or young

person has engaged, or is likely to engage, in criminal conduct or anti-social behaviour.

Further spatial requirements for LAs and HAs. Orders (court may make one if):

that the child or young person has engaged in criminal conduct or anti-social behaviour, and

that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

Case law?

R. (M) v. Inner London Crown Court [2003] EWHC 301 (Admin); [2003] 1 F.L.R. 994 No breach of articles 6 and 8 or ECHR But not reasonable to make the order – pre-

sentence report mother not amenable or suitable, child’s previous exemplary character

ASBO conviction parenting orders

New s.8A Crime and Disorder Act 1998 to be inserted by Crime and Security Act 2010

Court must impose a parenting order on conviction for breach of an ASBO by an under 16 unless “exceptional circumstances”

Questions

Are there any legal difficulties in obtaining orders? Are we talking about “parenting” or “mothering” –

where do fathers fit in? When is a parenting contract appropriate?

The balance between voluntarism and coercion

What parenting programmes actually work? How do they link with FITs?