Youth
Parenting Contracts & Orders Guidance
This guidance is about the operation of parenting orders and of parenting contracts. It is mainly intended for youth offending teams (YOTs), responsible officers and the courts but may also be of use to the police, youth offender panels, parenting programme providers, the Crown Prosecution Service and defence lawyers. The guidance only covers parenting orders and contracts arising from criminal conduct or anti-social behaviour. Separate guidance on parenting orders and contracts arising from truancy and exclusion from school has been published by the Department for Education & Skills.
Title: Parenting Contracts & Orders Guidance
Authors: Home Office, Dept for Constitutional Affairs, Youth Justice Board
Date published: March 2004
Number of pages: 42
Background
In the United States, a study as long ago as 1973 showed that by training parents in negotiation skills, sticking to clear rules and rewarding good behaviour, offending rates among children were halved. Parenting can also be an important protective factor that moderates a child's exposure to risk. Parenting programmes are designed to develop parents' skills to reduce parenting as a risk factor and enhance parenting as a protective factor.
Since being introduced through the Crime & Disorder Act 1998, parenting orders have been operating successfully. YOTs have established or commissioned parenting programmes to support court orders and have also worked with parents on a voluntary basis. An evaluation of the Youth Justice Board's parenting programmes by the Policy Research Bureau showed that they have a positive impact both on young people's perception of their parents and on their behaviour.
A parenting contract is an agreement negotiated between a YOT worker and the parents of the child involved or likely to become involved in criminal conduct or anti-social behaviour. A parenting order is made in similar circumstances by a criminal court, family court or Magistrates' Court acting under civil jurisdiction.
There are 3 ways for the YOT to work with parents.
Voluntarily
Many parents want and may even ask for support. YOTs may work with parents on a voluntary basis without using a contract or order.Voluntarily with a parenting contract
If a more formal approach is useful or the parents are unwilling to co-operate, a YOT can suggest a parenting contract. Refusing to enter into a contract can be used as evidence to support an application for an order and may persuade a reluctant parent to engage.Parenting order
If the parent is unwilling to co-operate, the YOT can apply for, or recommend, a parenting order.
Parenting contracts and orders can consist of 2 elements:
The first is a parenting programme designed to meet the individual needs of parents so as to help them address their child's misbehaviour.
The second element specifies particular ways in which parents are required to exercise control over their child's behaviour to address particular factors associated with offending or anti-social behaviour. Examples would be ensuring that their child goes to school every day or is home during certain hours.
Guidance contents
The guidance is principally technical guidance on the provisions but also aims to reflect good practice. It does not offer guidance on the content or quality of parenting programmes or provide advice on engaging with parents and their children. It does answer a number for key questions for practitioners. For example:
What is a parenting contract?
When would a parenting contract be made?
Who else is available to help?
How to negotiate a contract
How to deal with non-compliance by parents
How to deal with non-compliance by a YOT worker
Legal note
The document provides non-statutory guidance only. It should not be regarded as providing legal advice, which should be sought if there is any doubt as to the application or interpretation of legislation.
Getting hold of a copy
Download Parenting Contracts & Orders Guidance from the Home Office website
PDF 245Kb
Last update: Friday, August 15, 2008


