Law Articles

What is a Barring Order? 07/06/2024

A Barring Order, also known as a Section 91(14) Order, is a court order that restricts an individual from making further applications under the Children Act 1989 without the permission of the court. This order is designed to protect children and their families from harm by preventing the use of court proceedings as a means of control or abuse.

The court often sees parents making repeated applications in relation to their children, which can be a form of control, whether intentional or not. Prolonged court proceedings can be highly stressful and significantly impact the welfare of the child as well as the parent who the child lives with, particularly if that parent has been a victim of domestic abuse. A Barring Order is intended to prevent this type of behaviour and ensure that court proceedings are used in the best interests of the child.

How does it work?

A formal application must be made to the court for a Section 91(14) Order. The other party against whom the order is sought must be given notice of the application. The court will then determine whether such an order is necessary and paramount to the child's welfare and, if so, how long the order should be made for. The court will not usually deal with applications made without proper notice, particularly where the person who the order is sought against does not have legal advice.

A Barring Order can be made in cases where an individual has made repeated or vexatious applications, or where there are concerns about the individual's behaviour or conduct, such as: making multiple applications for contact with a child without good reason; concerns about the individual's safety or the safety of the child; using court proceedings as a form of continuing domestic abuse against the other parent, etc.

When considering an application for a Barring Order, the court:                                                                                                                                                                                                                                        

1. must be satisfied that making the order is in the best interests of the child 
2. must consider concerns about the individual's behaviour or conduct, such as repeated or vexatious applications, concerns about safety, or using court proceedings as a form of domestic abuse 
3. must conclude that the bringing or prolonging of proceedings constitutes domestic abuse against the other parent and would put them and/or the child at risk of harm 
4. has discretion to determine the circumstances in which an order would be appropriate 
5. can make the order of its own motion without an application from a party to the proceedings
6. should ensure the degree of restriction is proportionate to the harm it is intended to avoid, and it should carefully consider the extent and duration of the order

Recent developments

The Domestic Abuse Act 2021 amended the Children Act 1989, making it clearer that Barring Orders are available to protect parents and children where further proceedings would risk causing them harm. It is a powerful tool and family court judges are now more likely to impose such orders.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.