Legislation – Police and Justice Act 2006

In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 25 there is inserted—

“25AParenting contracts in respect of anti-social behaviour: local authorities

(1)

A local authority may enter into a parenting contract with a parent of a child or young person if—

(a)

the local authority has reason to believe that the child or young person has engaged, or is likely to engage, in anti-social behaviour, and

(b)

the child or young person resides, or appears to reside, in the local authority’s area.

(2)

A parenting contract is a document which contains—

(a)

a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and

(b)

a statement by the local authority that it agrees to provide support to the parent for the purpose of complying with those requirements.

(3)

The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

(4)

The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

(5)

A parenting contract must be signed by the parent and signed on behalf of the local authority.

(6)

A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

(7)

In carrying out their functions in relation to parenting contracts—

(a)

local authorities in England shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

(b)

local authorities in Wales shall have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.

25BParenting contracts in respect of anti-social behaviour: registered social landlords

(1)

A registered social landlord may enter into a parenting contract with a parent of a child or young person if—

(a)

the registered social landlord has reason to believe that the child or young person—

(i)

has engaged in anti-social behaviour, or

(ii)

is likely to engage in such behaviour,

and

(b)

that behaviour directly or indirectly relates to or affects the housing management functions of the registered social landlord (or, where paragraph (a)(ii) applies, would do so if the behaviour were engaged in).

(2)

A parenting contract is a document which contains—

(a)

a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and

(b)

a statement by the registered social landlord that it agrees to make arrangements for the provision of support to the parent for the purpose of complying with those requirements.

(3)

The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

(4)

The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

(5)

A parenting contract must be signed by the parent and signed on behalf of the registered social landlord.

(6)

A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

(7)

In carrying out their functions in relation to parenting contracts—

(a)

registered social landlords on the register maintained by the Housing Corporation shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

(b)

registered social landlords on the register maintained by the National Assembly for Wales shall have regard to any guidance which is issued by the Assembly from time to time for that purpose.”

In section 29(1) of that Act (interpretation of sections 25 to 29) the following definitions are inserted at the appropriate places—

““housing accommodation” has the meaning given by section 153E(9) of the Housing Act 1996;”;

““housing management functions”, in relation to a registered social landlord, include—

(a)

functions conferred by or under any enactment;

(b)

the powers and duties of the landlord as the holder of an estate or interest in housing accommodation;”;

““local authority” means—

(a)

a county council in England;

(b)

a metropolitan district council;

(c)

a non-metropolitan district council for an area for which there is no county council;

(d)

a London borough council;

(e)

the Common Council of the City of London;

(f)

the Council of the Isles of Scilly;

(g)

a county council or county borough council in Wales;”;

““registered social landlord” means a body registered as such under Chapter 1 of Part 1 of the Housing Act 1996;”.