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Legal powers on family intervention and parenting Caroline Hunter

Dec 30, 2015

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  • Legal powers on family intervention and parentingCaroline Hunter

  • Legal frameworksFamily Intervention tenanciesHousing and Regeneration Act 2008 amending other Housing Acts, from January 1, 2009First April 2009Parenting contracts/ordersAnti-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 projectsHow 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. 12ZARequirements:Evicted or could have been evicted for asbFor the purposes of behaviour support servicesNotice is given

  • The notice minimum requirementsreasons for offering the Family Intervention Tenancydetails of the accommodation in respect of which the Family Intervention Tenancy will be grantedthe 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 Tenancyan explanation of the possible consequence of not entering into the Family Intervention Tenancyadvice as to how the tenant may obtain assistance in relation to the Family Intervention Tenancy notice served on him

  • The behaviour support agreementIn summary, behaviour support agreements should:clearly outline the changes in behaviour that are expected clearly outline the behaviour support that will be providedclearly outline what sanctions would be applied for non-compliance with the agreementGuide para. 35

  • Family Intervention Tenancy changing status and evictingChange to secure or assured by notification does not count as an allocationNotice to quit complying with PEA 1977, s.5Local authorities (only):preliminary notice internal review complying with Family Intervention Tenancies (Review of Local Authority Decisions (England) Regulations 2008 SI 2008/3111

  • QuestionsIs the legislation a minefield?Have you had any difficulties when terminating a FIT?Not properly createdNot properly terminatedHousing associations do they need procedural safeguards post L&Q HT v. Weaver [2009] EWCA Civ 587?

  • Parenting orders/contracts ASB Act 2003Parenting contracts/orders:YOT: s.25 or 26Local authority: s.25A or 26A (contracting out)Housing association: s.25B or 26BDoes anyone apart from the YOT seek them?Orders: freestanding or as part of county court proceedings (s.26C)?

  • Parenting Orders Crime and Disorder Act 1998As part of court proceedings: s.8a 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; ora 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 conditionsContracts: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, andthat 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 ECHRBut not reasonable to make the order pre-sentence report mother not amenable or suitable, childs previous exemplary character

  • ASBO conviction parenting ordersNew s.8A Crime and Disorder Act 1998 to be inserted by Crime and Security Act 2010Court must impose a parenting order on conviction for breach of an ASBO by an under 16 unless exceptional circumstances

  • QuestionsAre 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 coercionWhat parenting programmes actually work?How do they link with FITs?