Use of Section 91(14) Children Act 1989 Orders: A Guide for Family Law Practitioners
When I began my career in family law, Section 91(14) Children Act 1989 orders were few and far between, but recent changes to statutes and case law has prompted a resurgence in their use. Below, we cover key points to consider in future child arrangement proceedings and how best to apply Section 91(14) orders to ensure child and parental protection.
What is a Section 91(14) Children Act 1989 order?
A Section 91(14) Children Act order is a time-limited restriction that prevents a person making a new application to court under the Children Act 1989 without leave of the court. Often described as a 'protective filter', this order ensures the merit of any application is considered before further court involvement.
When is a Section 91(14) Order an appropriate?
Consideration should be given to an order in cases where further applications would place a child or another individual (usually a parent or carer) at risk of harm. It may be that a person has used proceedings as a means to continue a campaign of domestic abuse, where a child or individual requires a period of respite from proceedings to undertake ie. therapeutic work or to prevent repeated merit-less applications.
How to apply for a Section 91(14) Order
Applications should be submitted using a Form C2. In the alternative, applications can be made in the face of the court, noting here that my experience is that courts are reluctant to grant an order without notice being given prior to the hearing where the order is being sought. In accordance with Section 91A, the court can make an order of its own motion, though one would expect the opportunity to make representations and the judgment to be clear as to therationale behind the decision.
Relevant Case Law
Re A 2021 defines proceedings misuse as a “weapon of conflict”F v M 2023 emphasises the order as “not a punitive measure" nor a "bar on access to justice”
Tips for Practitioners
Identify the need for an order early on and apply through a C2 Form or in-court request to address "notice" requirements.
Document any in-court request in the order to prevent notice disputes.
If contested, consider focusing a portion of cross-examination on the Section 91(14) order's relevance to establish necessity.
Ensure submissions include relevant legal references to support the application.
Written by Emily Henshaw, Consultant Barrister at Unit Chambers.Law is correct as of 30th October 2024. Whilst every effort has been taken to ensure that the law in this article is correct, it is intended to give a general overview of the law for educational purposes. Readers are respectfully reminded that it is not intended to be a substitute for specific legal advice and should not be relied upon for this purpose. No liability is accepted for any error or omission contained herein.
