Orders restricting further applications

Restriction on further applications under the Children Act 1989—s 91(14) orders

When the court disposes of any application for an order under the Children Act 1989 (ChA 1989) it may make an order under ChA 1989, s 91(14) ( a s 91(14) order), that no application for an order under that Act of any specified kind may be made with respect to the child concerned by any person named in the order without the leave of the court.

An order under ChA 1989, s 91(14) does not stop an application being made to the court but they are a protective filter made by the court, in the interests of children. The effect of a s 91(14) order is to restrict an applicant who would otherwise have an automatic entitlement to apply to the court for an order from being able to do so, without obtaining permission from the court.

A s 91(14) order may be made in relation to both private law and public law proceedings.

See Practice Note: Restriction on further applications under the Children Act 1989—section 91(14)

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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