An order under Section 91(14) of The Children Act 1989, also known as a “barring order”, is made by the court in private children act proceedings when the court feels it is necessary to prevent one party from making a further application under the Children Act 1989 (usually Section 8 applications), unless they have first sought permission from the court to make such an application.
The case of Re v P [1999] historically outlines the requirements for an order under Section 91(14), which highlights that the welfare of the child should be balanced against preventing parties unrestricted access to the court. Society has changed somewhat since this case, illustrating a cultural shift whereby Section 91(14) orders are now made more frequently. One of the reasons why the threshold appears to have been lowered in respect of the making of Section 91(14)’s orders, is to prevent the child(ren), or another person, being at risk of suffering harm if further applications were issued. This appears to be an attempt by the court to reduce the applicant in proceedings subjecting the respondent in proceedings to controlling and coercive behaviour, which of course is now recognised as a form of domestic abuse, but in previous years was not. The court are also mindful of preventing meritless applications from consuming court time, which should instead be utilised by genuine applications in need of the courts assistance.
If a Section 91(14) order is made, as stated above, it does not necessarily mean that the person who is subject to that order cannot make a further application under the children act in the future. What is does mean is that they will need to seek the courts permission before any such application will be issued. In determining whether such an application should be issued, the court will consider whether there has been a material change in the circumstances since the order was made. The applicant will need to demonstrate the change in circumstances to the court with evidence in support.
An application for an order to be made under Section 91(14) can either be via the usual Form C2 application, or orally at court. The court can also introduce an order under Section 91(14) on its own accord. Practice Direction 12(Q) deals with the procedural requirements for applications of this nature in further detail. In light of the above, it is important to consider before issuing further applications under the children act, where it is in fact in the child(ren)’s best interest to do so and whether a further set of proceedings would in fact subject the child(ren) or another person to suffering harm. If you require advise on this complex issue, please do not hesitate contact a member of our team on 01245 408 958.
Summer Croft
Family Law Solicitor
Sheryl Perry Solicitors
The case of Re v P [1999] historically outlines the requirements for an order under Section 91(14), which highlights that the welfare of the child should be balanced against preventing parties unrestricted access to the court. Society has changed somewhat since this case, illustrating a cultural shift whereby Section 91(14) orders are now made more frequently. One of the reasons why the threshold appears to have been lowered in respect of the making of Section 91(14)’s orders, is to prevent the child(ren), or another person, being at risk of suffering harm if further applications were issued. This appears to be an attempt by the court to reduce the applicant in proceedings subjecting the respondent in proceedings to controlling and coercive behaviour, which of course is now recognised as a form of domestic abuse, but in previous years was not. The court are also mindful of preventing meritless applications from consuming court time, which should instead be utilised by genuine applications in need of the courts assistance.
If a Section 91(14) order is made, as stated above, it does not necessarily mean that the person who is subject to that order cannot make a further application under the children act in the future. What is does mean is that they will need to seek the courts permission before any such application will be issued. In determining whether such an application should be issued, the court will consider whether there has been a material change in the circumstances since the order was made. The applicant will need to demonstrate the change in circumstances to the court with evidence in support.
An application for an order to be made under Section 91(14) can either be via the usual Form C2 application, or orally at court. The court can also introduce an order under Section 91(14) on its own accord. Practice Direction 12(Q) deals with the procedural requirements for applications of this nature in further detail. In light of the above, it is important to consider before issuing further applications under the children act, where it is in fact in the child(ren)’s best interest to do so and whether a further set of proceedings would in fact subject the child(ren) or another person to suffering harm. If you require advise on this complex issue, please do not hesitate contact a member of our team on 01245 408 958.
Summer Croft
Family Law Solicitor
Sheryl Perry Solicitors