Guidance published last week on an expanded system of parenting orders and new powers to issue fixed penalty fines to parents, includes an admission that the government is in the dark about how existing parenting orders are really working.
New powers are to be introduced for local education authorities and youth offending teams to apply to the courts for parenting orders against parents if a child is excluded from school or thought to be at risk of offending.
Currently parenting orders can only be made when a young person is convicted of a criminal offence. Schools, local education authorities, the police and youth offending teams (Yots) will also be able to fine parents for their children’s truancy or anti-social behaviour.
Draft guidance from the Home Office on the provisions in the Anti-Social Behaviour Bill says: “We have little information about the operation of certain aspects of parenting orders made under the Crime and Disorder Act 1998 and to inform our guidance we would be interested to learn more about experience and suggested approaches…”
The guidance goes on to appeal for information on how breaches of parenting orders are currently dealt with, information on what happens to parents who are subject to more than one order, how many appeals have been lodged against parenting orders and what the outcomes were, and the circumstances in which orders have been discharged or varied by the courts.
Part 3 of the Anti Social Behaviour Bill, which includes the provisions on penalties for parents, has just finished committee stage in the House of Lords, and the new powers are expected to be available by 28 February next year. The consultation on the guidance is open for 12 weeks from last Friday.
As well as compulsory fines and parenting orders, the Bill expands the use of parenting contracts for YOTs and schools. Parenting contracts are voluntary, but if parents refuse to enter into a contract, the YOTs can apply to court for a parenting order.
LEAs will also apply to the court for a parenting order if a child is excluded for serious misbehaviour, but any extra professional input such as parent training would have to be paid for by the school or LEA.
Under the new powers, fixed penalty fines of up to £100 can be issued to parents by school heads, deputies and assistant heads in cases of truancy, as well as by education welfare officers and the police.
The Department for Education and Skills says the fines would be an alternative to prosecution for parents who have failed to cooperate with more supportive measures, but could also be issued for a first offence if a truancy sweep detects a child who is truanting with the parent’s collusion, or when a child is taken on holiday in term-time without the school’s permission. Parents who don’t pay the fines within 28 days will face further fines of up to £1,000.
http://www.dfes.gov.uk/consultations2/25/
http://www.homeoffice.gov.uk/docs2/poagconsultpaper.pdf
