Moved by
Lord Wolfson of Tredegar
41: After Clause 64, insert the following new Clause—
“Orders under section 91(14) of the Children Act 1989
Orders under section 91(14) of the Children Act 1989
(1) The Children Act 1989 is amended as follows.
(2) In section 91 (effect and duration of orders etc.), at the end of subsection (14) insert—
“For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).”
(3) After section 91 insert—
“91A Section 91(14) orders: further provision
(1) This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).
(2) The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put—
(a) the child concerned, or
(b) another individual (“the relevant individual”),
at risk of harm.
(3) In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.
(4) Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.
(5) A section 91(14) order may be made by the court—
(a) on an application made—
(i) by the relevant individual;
(ii) by or on behalf of the child concerned;
(iii) by any other person who is a party to the application being disposed of by the court;
(b) of its own motion.
(6) In this section, “the child concerned” means the child referred to in section 91(14).””
Member’s explanatory statement
This amendment inserts a new section 91A into the Children Act 1989 which makes further provision about the circumstances in which the court may make an order under section 91(14) of that Act (also known as a barring order), including where the court is satisfied that the making of a further application for an order under that Act, by any person to be named in the order, would put the child concerned, or another individual, at risk of harm.