Proportionality in the duration of section 91(14) orders (Re A and T (Children) (Appeal: Duration of Section 91(14) Order))
Family analysis: The High Court allowed in part a father's appeal against an order under section 91(14) of the Children Act 1989 (ChA 1989), which had prevented both parents from making applications about their children under ChA 1989, s 8 without the court's leave for a period of three years. The court found that while the judge had been entitled to make a section 91(14) order given the harmful effects of prolonged litigation on the children, the three-year blanket restriction was disproportionate. The court found that the three-year restriction on applications for ‘lives with’ orders was proportionate, however, the restriction on ‘spend time with’ applications should be limited to 12 months (extended to 15 months due to appeal time), while restrictions on applications for other orders under ChA 1989, s 8 were discharged. The court noted that this had not been a case where the father had abused the court process through repeated applications or engaged in ‘lawfare’, and that the family had been let down by systemic failures in the management of the case. Poonam Bhari, barrister at 3PB Barristers, considers the decision.