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open to the general public and has no automatic restrictions to prevent public and press
access or to prevent reporting of the proceedings or to protect the identity of a child or young
person (or adult) who is the subject of an application.
The court should have a good reason, aside from age alone, to impose a discretionary order
under section 39 of the Children and Young Persons Act 1933 to prevent the identification of
a child or young person concerned in the proceedings.
The applicant may resist a call from the defendant’s representatives for such restrictions if the
effectiveness of the ASBO will largely depend on the wider community knowing the details.
The applicant should note the following.
Under section 98 of the Magistrates’ Courts Act 1980, evidence will be given on oath, except
the evidence of a child under 14 years of age, which is given unsworn.
Section 34A of the Children and Young Persons Act 1933 requires the attendance of a parent
or legal guardian at court for any person under 16 years of age. Every effort should be made
before a hearing to ensure that this takes place to avoid unnecessary adjournments.
The court will require information about the child’s or young person’s background, home
surroundings and family circumstances. Such information should be available to avoid the
need for an adjournment.
Assessment of needs
When applying for an order against a young person aged between 10 and 17, the YOT should
make an assessment of their circumstances and needs. This will enable the local authority to
ensure that the appropriate services are provided for the young person concerned and for the
court to have the necessary information about them.
It is vital that any assessment does not delay the application for an order. The lead agency
should therefore liaise closely with the local social services department or YOT from the start
of the process so that, where a new assessment is required, it can be begun quickly. In some
cases an up-to-date assessment may already be available.
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Simon Cordell’s Skeleton Argument (2) Pdf
Children and young people
Councils with social services responsibilities have a duty, arising from section 17 of the
Children Act 1989, to safeguard and promote the welfare of children within their areas who
may be in need the assessment of the needs of such children is expected to be carried out in
accordance with the Framework for the assessment of children in need and their families?
The guidance sets out the content and timescales of the initial assessment (seven working
days) and the core assessment (35 working days). A core assessment is required when an
initial assessment has determined that the child is in need. The assessment will cover the
child’s needs, the capacities of their parents and wider family, and environmental factors.
This enables councils to determine whether the child is a ‘child in need’ and what services
may be necessary in order to address the assessed needs.
The assessment of the child’s needs should run in parallel with evidence gathering and the
application process. Statutory agencies, such as social services, the local education authority
or the health authority, have a statutory obligation to provide services to under-18s.They
should do so irrespective of whether an ASBO application is to be made and the timing of
that application. The ASBO application does not prevent such support and can proceed in
parallel, or indeed prior to, that support.
Parenting orders
This section should be read in conjunction with Government guidance on parenting contracts
and parenting orders. ’There is also information on the Together website
(www.together.gov.uk).The applicant for parenting orders is the YOT. (Provisions in the

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