A S.91(14) order is of the children Act 1989 gives the court the power to ensure that any further applications in relation to a child or children (under the Children Act 1989) may not be made by the party named without permission from the Court.
Its purpose is to prevent unnecessary and disruptive applications being made It acts as a filter to protect the other party from any unmeritorious applications. It also protects the party not named in the order and the children from any further harm of repeated and unnecessary applications.
S.91(14) orders are not an absolute bar to a future application being made; they should be thought more of as a filter. They add an additional hurdle by requiring the Courts permission before an application can be made.
S.91(14) Order in Domestic Abuse cases
These types of orders were previously seen as a last resort. This is no longer the case. Since the making of the Domestic Abuse Act 2021 the Court are using their power to make these orders to protect children and victims of domestic abuse from perpetrators continuing that abuse through the making of Court applications. Exposure to Domestic Abuse is harmful to children, whether they are caught in the crossfire or not. Children who have witnessed Domestic Abuse or have experienced the effect of the abuse are victims in their own right.
A new provision has been included within the Children Act 1989, Section 91(A), which confirms that a Section 91(14) order can be made when the court is satisfied that should a further application be made by a person, it would put another person, or the child(ren) involved at risk of harm. It also provides for the Court to make a Section 91(14) order of its own volition without the need for an application. This seeks to protect those parties who are self-represented and may not be aware that such an order can be made.
This change shows that the Courts realise the very significant toll protracted litigation can have on children and other parties who have been victims of abuse. This is particularly the case where other methods of controlling and coercive behaviour have been denied to the perpetrator and the Court process is the only weapon available to them. A section 91(14) order can prevent future applications from being a source of harm.
Historically, these orders had been reserved for situations where repeated, unmerited applications to Court were made, however, if there have been findings of abuse then the court are more likely to consider the making of a s.91(14) order and are encouraged to do so by the new legislation.
The Court has the discretion to make a Section 91(14) order for as long as they deem appropriate. There is no time limit. An order without a time limit normally lasts until a child reaches the age of 16 years old although such orders should be the exception and not the rule. The Court has to consider whether the time limit is proportionate to the harm that they are seeking to avoid and explain their reasons for the duration of the order.
What will happen if a further application is made after a S.91(14) order?
If the person who is named in the order decides to make a further application, they will need to seek permission from the court to do so. The Court would be required to consider whether there has been a maternal change in circumstances from when the order was made to demonstrate that the need for further judicial intervention. Only if this test is satisfied will the application be allowed to proceed.
The Court will not allow an application to proceed if they consider this a continuation of a form of abuse.
A material change in circumstances could include, for example, a perpetrator of domestic abuse having undertaken recommended work such as an approved domestic violence perpetrator programme. If an applicant is granted permission to continue this does not mean that the Court is prejudging the outcome of the case.
It should also be noted that, generally, S.91(14) orders do not cover enforcement applications. This means that if the other party breaches an order there would be no difficulty in returning the matter to Court by way of an enforcement application.
Seeking Advice on S.91(14) Orders
If you are seeking to make a further application after a Section 91(14) order has been issued or if you are considering applying for a S.91(14) order, it is advisable to seek legal guidance. These orders are a powerful tool for protecting children and victims of abuse, and understanding the legal process is essential for achieving the best outcome.
If you need further advice or assistance regarding S.91(14) orders, please don’t hesitate to get in touch.
How Nelsons can help
Emma Stamp is a Senior Associate in our family Law team, specialising in working with clients to resolve issues relating to divorce and separation, including finance and private children’s arrangements.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
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