Code of practice for the implementation of parenting contracts and orders

Parenting orders

Parenting orders are granted by application to a magistrate’s court. In requesting a court to consider imposing such an order, an assessment must be included of the interventions and requirements that will assist a parent in improving their parenting skills.

Before considering a parenting order, Southwark Council is required to make a judgement about whether parenting is a significant factor in the pupil’s poor attendance or poor behaviour, whether a parenting programme could remedy this and what other requirements might be useful in order to address the pupil’s behaviour.

Circumstances in which a parenting order may be pursued

A parenting order may be considered in the case of poor attendance and/or permanent exclusion or suspension, if the suspension is the second for serious misbehaviour within a twelve-month period and the parent is unwilling to engage with the school or LA to bring about improvements in the pupil’s behaviour. Southwark Council may consider applying to the court for a parenting order to require the parent to comply with certain requirements including attendance at parenting classes.

Evidence to support the parenting order application

Written evidence of attempting to set up an education parenting contract, or the contract itself, may be offered to court as evidence of the need for the imposition of such an order. It will be the responsibility of the school or lead professional to ensure that they have thoroughly documented all action that has been taken in relation to the pupil and the parent to support the improvement of attendance and/or behaviour.

Schools should follow their own behaviour policy when determining whether such an order would be appropriate in addressing misconduct in a pupil. They should also ensure that they have used a wide variety of strategies including personal support plans, external support agencies and if possible, engaging the parents in a parenting contract to improve attendance or behaviour. In cases where it has been difficult to engage parents, it is particularly important to have written evidence of support that has been offered previously together with evidence of any meetings or services that parents have failed to attend. The EIT will always consider applying for an ancillary parenting order when prosecuting parents under s. 444 of the Education Act 1996. The LA is responsible for making an application for a parenting order for behaviour.

Responsible officer

All parenting orders must be supervised by a responsible officer. In the case of attendance, the responsible officer will be an SEWO, FEH practitioner or parenting co-ordinator. Where a pupil is on the roll of a school the responsible officer may be the head teacher or a person nominated by the head teacher. Where a pupil is not on a school roll the responsible person can either be the head teacher of the Southwark Virtual School or a SEWO.

The responsible officer will provide or arrange the provision of the counselling or guidance programme, and will supervise any other requirements included in the order. The responsible officer will also need to identify and liaise with other agencies involved with the pupil or family (including Children’s Social Care, the Youth Justice Service and the Child and Adolescent Mental Health Service) to ensure that all interventions fit together well and are complementary.

If the parent fails to comply with the order, then breach proceedings must be considered. If proven guilty of breaching a parenting order, the parent is liable for a fine of up to £1000. In considering the level of fine, the magistrates must take into account the means of the parent to pay. The court may also consider any other sentence available for a non-imprisonable offence.

It's a requirement for the council to provide the Department for Education with annual data on all education parenting contacts issued.

To enable this, copies of all completed contracts must be forwarded to the attention of the Education Inclusion Team at earlyhelp@southwark.gov.uk.

Page last updated: 16 January 2023