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The court needs to consider an oral or written report before making a parenting order, unless
the child or young person has reached the age of 16.T0 avoid unnecessary adjournments,
such a report should be available early in the court process.
A ‘responsible officer’, who will generally be from the local YOT, social services, probation
service or local education authority, supervises delivery of the parenting order.
The officer will have responsibility for, among other things, arranging the provision of
counselling or guidance sessions and ensuring that the parent complies with any other
requirements which the court may impose.
If the parent does not comply with the order, the responsible officer can refer the matter to the
police for investigation. Such action is generally expected only where noncompliance is
sufficiently serious to warrant possible prosecution - the responsible officer is expected to
work with the parent to improve compliance. But if prosecuted and convicted for non-
compliance, the parent can be fined up to Jo 1,000 (level 3 on the standard scale).
Individual support orders
Section 1AA of the Crime and Disorder Act 1998, which was inserted by section 322 of the
Criminal Justice Act 2003, provides for the making of ISOs, which have been available since
May 2004.They are civil orders and can be attached to ASBOs made against young people
aged between 10 and 17 years old. They impose positive requirements on the young person
and are designed to tackle the underlying causes of their anti-social behaviour.
ISOs are available for stand-alone ASBOs made in the magistrates’ courts only. Where a
magistrates’ court makes an ASBO against a young person, it must also make an ISO if it
considers that an ISO would help to prevent further anti-social behaviour. ISOs are not
available for orders on conviction, where it is expected that sentencing will address the
underlying causes of the offence.
ISOs can last up to six months and require a young person to comply with such requirements
as may be specified in the order and any directions given by the responsible officer to that
end. Such requirements must be those which the court considers desirable in the interests of
preventing repetition of the anti-social behaviour and may include requirements to participate
in certain activities, to report to a specified person at specified times or to comply with
educational arrangements, but in no case should they require attendance on more than two
days a week. An example would be support sessions tailored to the individual’s needs and
designed to address the causes of the behaviour that led to the ASBO being made, such as
counselling for substance misuse or an anger management programme. The ISO may name
specific activities the individual must participate in and can also specify dates and places
where attendance is required.
ISO application process
There is no need for a specific application for an ISO, although it might be helpful to raise the
issue with the court. Where a magistrates’ court is making an ASBO (stand-alone only)
against a person under 18 years old, it is obliged to make an ISO at the same time if the
following conditions are met:
the ISO would be desirable in the interests of preventing any repetition of the antisocial
behaviour which led to the ASBO being made.
the young person is not already subject to an ISO; and
the Secretary of State has notified the court that arrangements for implementing the ISO are
available (this was done in April 2004 in Home Office Circular 025/2004).
The court should ensure the requirements of the ISO and the consequences of breach are
explained to the defendant. If an ISO is not made, then the court must state why it
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168,
Simon Cordell’s Skeleton Argument (2) Pdf

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