Children and Adoption Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Children and Adoption Bill [HL]

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
8

(9)
The court may suspend an enforcement order for such period as it
thinks fit.
(10)
Nothing in this section prevents a court from making more than one
enforcement order in relation to the same person on the same occasion.
(11)
Proceedings in which any question of making an enforcement order, or
5
any other question with respect to such an order, arises are to be
regarded for the purposes of section 11(1) and (2) as proceedings in
which a question arises with respect to a section 8 order.
(12)
In Schedule A1—
(a)
Part 1 makes provision as regards an unpaid work requirement;
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(b)
Part 2 makes provision in relation to the revocation and
amendment of enforcement orders and failure to comply with
such orders.
(13)
This section is without prejudice to section 63(3) of the Magistrates’
Courts Act 1980 as it applies in relation to contact orders.
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11K
Enforcement orders: further provision
(1)
A court may not make an enforcement order against a person in respect
of a failure to comply with a contact order unless it is satisfied that
before the failure occurred the person had been given (in accordance
with rules of court) a copy of, or otherwise informed of the terms of—
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(a)
in the case of a failure to comply with a contact order that was
varied before the failure occurred, a notice under section 11I
relating to the order varying the contact order or, where more
than one such order has been made, the last order preceding the
failure in question;
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(b)
in any other case, a notice under section 11I relating to the
contact order.
(2)
A court may not make an enforcement order against a person in respect
of any failure to comply with a contact order occurring before the
person attained the age of 18.
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(3)
A court may not make an enforcement order against a person in respect
of a failure to comply with a contact order that is an excepted order
(within the meaning given by section 11B(4)).
(4)
A court may not make an enforcement order against a person unless the
person is habitually resident in England and Wales; and an
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enforcement order ceases to have effect if the person subject to the
order ceases to be habitually resident in England and Wales.
11L
Enforcement orders: making
(1)
Before making an enforcement order as regards a person in breach of a
contact order, the court must be satisfied that—
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(a)
making the enforcement order proposed is necessary to secure
the person’s compliance with the contact order or any contact
order that has effect in its place;
(b)
the likely effect on the person of the enforcement order
proposed to be made is proportionate to the seriousness of the
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breach of the contact order.

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
9

(2)
Before making an enforcement order, the court must satisfy itself that
provision for the person to work under an unpaid work requirement
imposed by an enforcement order can be made in the local justice area
in which the person in breach resides or will reside.
(3)
Before making an enforcement order as regards a person in breach of a
5
contact order, the court must obtain and consider information about the
person and the likely effect of the enforcement order on him.
(4)
Information about the likely effect of the enforcement order may, in
particular, include information as to—
(a)
any conflict with the person’s religious beliefs;
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(b)
any interference with the times (if any) at which he normally
works or attends an educational establishment.
(5)
A court that proposes to make an enforcement order may ask an officer
of the Service or a Welsh family proceedings officer to provide the court
with information as to the matters in subsections (2) and (3).
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(6)
It shall be the duty of the officer of the Service or Welsh family
proceedings officer to comply with any request under this section.
(7)
In making an enforcement order in relation to a contact order, a court
must take into account the welfare of the child who is the subject of the
contact order.
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11M
Enforcement orders: monitoring
(1)
On making an enforcement order in relation to a person, the court is to
ask an officer of the Service or a Welsh family proceedings officer—
(a)
to monitor, or arrange for the monitoring of, the person’s
compliance with the unpaid work requirement imposed by the
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order;
(b)
to report to the court if a report under paragraph 8 of Schedule
A1 is made in relation to the person;
(c)
to report to the court on such other matters relating to the
person’s compliance as may be specified in the request;
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(d)
to report to the court if the person is, or becomes, unsuitable to
perform work under the requirement.
(2)
It shall be the duty of the officer of the Service or Welsh family
proceedings officer to comply with any request under this section.
11N
Enforcement orders: warning notices
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Where the court makes an enforcement order, it is to attach to the order
a notice warning of the consequences of failing to comply with the
order.”
(2)
Schedule 1 (which contains a Schedule to be inserted before Schedule 1 to the
Children Act 1989 (c. 41)) has effect.
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5
Compensation for financial loss
After section 11N of the Children Act 1989 (c. 41) (as inserted by section 4)

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
10

insert—
“11O
Compensation for financial loss
(1)
This section applies if a contact order with respect to a child has been
made.
(2)
If the court is satisfied that—
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(a)
an individual has failed to comply with the contact order, and
(b)
a person falling within subsection (6) has suffered financial loss
by reason of the breach,

it may make an order requiring the individual in breach to pay the
person compensation in respect of his financial loss.
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(3)
But the court may not make an order under subsection (2) if it is
satisfied that the individual in breach had a reasonable excuse for
failing to comply with the contact order.
(4)
The burden of proof as to the matter mentioned in subsection (3) lies on
the individual claiming to have had a reasonable excuse.
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(5)
An order under subsection (2) may be made only on an application by
the person who claims to have suffered financial loss.
(6)
A person falls within this subsection if he is—
(a)
the person who is, for the purposes of the contact order, the
person with whom the child concerned lives or is to live;
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(b)
the person whose contact with the child concerned is provided
for in the contact order;
(c)
an individual subject to a condition under section 11(7)(b) or a
contact activity condition imposed by the contact order; or
(d)
the child concerned.
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(7)
Where the person proposing to apply for an order under subsection (2)
is the child concerned, the child must obtain the leave of the court
before making such an application.
(8)
The court may grant leave to the child concerned only if it is satisfied
that he has sufficient understanding to make the proposed application.
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(9)
The amount of compensation is to be determined by the court, but may
not exceed the amount of the applicant’s financial loss.
(10)
In determining the amount of compensation payable by the individual
in breach, the court must take into account the individual’s financial
circumstances.
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(11)
An amount ordered to be paid as compensation may be recovered by
the applicant as a civil debt due to him.
(12)
Subsection (2) has effect subject to the restrictions in section 11P.
(13)
Proceedings in which any question of making an order under
subsection (2) arises are to be regarded for the purposes of section 11(1)
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and (2) as proceedings in which a question arises with respect to a
section 8 order.
(14)
In exercising its powers under this section, a court is to take into
account the welfare of the child concerned.

Children and Adoption Bill [HL]
Part 1 — Orders with respect to children in family proceedings
11

11P
Orders under section 11O(2): further provision
(1)
A court may not make an order under section 11O(2) requiring an
individual to pay compensation in respect of a failure by him to comply
with a contact order unless it is satisfied that before the failure occurred
the person had been given (in accordance with rules of court) a copy of,
5
or otherwise informed of the terms of—
(a)
in the case of a failure to comply with a contact order that was
varied before the failure occurred, a notice under section 11I
relating to the order varying the contact order or, where more
than one such order has been made, the last order preceding the
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failure in question;
(b)
in any other case, a notice under section 11I relating to the
contact order.
(2)
A court may not make an order under section 11O(2) requiring an
individual to pay compensation in respect of a failure by him to comply
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with a contact order where the failure occurred before the individual
attained the age of 18.
(3)
A court may not make an order under section 11O(2) requiring an
individual to pay compensation in respect of a failure by him to comply
with a contact order that is an excepted order (within the meaning
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given by section 11B(4)).”
Family assistance orders
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Provision as to family assistance orders
(1)
Section 16 of the Children Act 1989 (c. 41) (family assistance orders) is
amended as follows.
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(2)
In subsection (3) (requirements for making an order), omit paragraph (a)
(requirement that circumstances of case be exceptional).
(3)
After subsection (4) insert—
“(4A)
If the court makes a family assistance order with respect to a child and
the order is to be in force at the same time as a contact order made with
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respect to the child, the family assistance order may direct the officer
concerned to give advice and assistance as regards establishing,
improving and maintaining contact to such of the persons named in the
order as may be specified in the order.”
(4)
In subsection (5) (maximum duration of order) for “six months” substitute
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“twelve months”.
(5)
For subsection (6) substitute—
“(6)
If the court makes a family assistance order with respect to a child and
the order is to be in force at the same time as a section 8 order made with
respect to the child, the family assistance order may direct the officer
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concerned to report to the court on such matters relating to the section
8 order as the court may require (including the question whether the
section 8 order ought to be varied or discharged).”