What Is A Section 91(14) Order?
A Section 91(14) Order can be used to prevent individuals from making repeated applications to the Family Court. They unsurprisingly derive from the section 91(14) Children Act 1989 and can also be known as a “barring order”. Section 91(14) of the Children Act 1989 says:
"In disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the Court."
If such an order has been granted, then further applications to the Court cannot be made within a certain time frame without the Court’s permission. These orders can be made in both private family law proceedings and public law proceedings.
The aim is to curb frivolous litigation which is quite often without merit, and to ensure that court proceedings are focused on legitimate and genuine concerns in respect of the welfare of children. Whilst the section 91(14) order limits an individual from making a further application, it does not entirely prevent this from happening as the individual is still able to apply to the Court for permission to make a further application to the Family Court. When considering whether it should grant such permission, the Court must consider whether further litigation would be in the child’s best interests, assess the merits of the case and whether circumstances have changed since the previous proceedings.
Section 91(14) orders are being used more frequently in the Family Court however they should be used with caution given the obvious interference with an individual’s human rights. The Court must also consider whether the length of time the order is granted for is proportionate when considering the particular circumstances of the case.
Practice Direction 12Q (para 2.7) clarifies that:
"Section 91(14) orders are a protective filter – not a bar on applications – and there is considerable scope for their use in appropriate cases. Proceedings under the 1989 Act should not be used as a means of harassment or coercive control, or further abuse against a victim of domestic abuse or other person, and the court should therefore give due consideration to whether a future application would have such an impact."
Some examples of where section 91(14) orders may be required are:
• If further applications are being made with a limited prospect of success
• If one party is making repeated applications as a result of hostility towards the other party and a pattern of coercive control. Section 67 of the Domestic Abuse Act 2021 has widened the scope of section 91(14) orders by re-iterating that these orders can be used when proceedings are being used as a form of abuse.
• If there have been particularly lengthy proceedings and further time is needed to ensure actions are taken to safeguard the children or to allow for a period of stability
• If the parent’s conduct in the proceedings is causing significant harm to the child
• If older children are particularly being impacted by their parents’ litigation and it is impacting their emotional wellbeing or safety
How Can Timms Help?
If you require any further information, please contact the Family Law Team on freephone 0800 011 6666 or via email at legal@timms-law.com. When dealing with repeated applications and hostile litigation in the Family Court it can be a daunting process and our services are on hand to ensure we can provide you with expert advice delivered with professionalism and handled sensitively.
