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: 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 Specific Issue Order or prohibited steps order (for example removing the child from the UK, preventing a 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 Other parties attending (mother) (father) (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 consent of everybody with parental responsibility or the court's permission.

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 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.

0121 704 6003 and ask for the duty solicitor. Legal Support 0121 704 6003 and ask for the duty solicitor.