Requirements for Making Activity Orders CA 1989 s. 11E
Before making an activity direction or condition, courts must check suitability, travel distance, and consider information on work and religion impacts.
11E Before making an activity direction (or imposing an activity condition by means of a child arrangements order ), the court must satisfy itself as to the matters falling within subsections (2) to (4). The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case. The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity. The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel. Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him. Information about the likely effect of the direction (or the condition) may, in particular, include information as to— any conflict with the individual's religious beliefs; any interference with the times (if any) at which he normally works or attends an educational establishment. The court 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) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request. In this section “ specified ” means specified in an activity direction (or in an activity condition).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Before a court directs an individual to take part in an activity or attaches an activity condition to a child arrangements order, it must satisfy itself on three practical matters. The proposed activity must be appropriate in the circumstances, the proposed provider must be suitable, and the venue must be in a place where the individual can reasonably be expected to travel.
The court must also obtain and consider information about the individual and the likely effect of the order on them. This includes looking into potential conflicts with religious beliefs or interference with normal working or educational hours. To obtain this information, the court may ask an officer of the Service or a Welsh family proceedings officer, who has a legal duty to comply with the request.
When it applies
- A judge wants a parent to attend a parenting class but needs to verify whether the venue location is within reasonable travel distance.
- A court evaluates whether an anger management course provider proposed for a parent is suitable before making an activity direction.
- A court asks a Cafcass officer to gather information on whether a proposed contact activity conflicts with a parent's employment hours or religious practices.
What this section does not say
- Financial assistance and who pays for attending a court-ordered activity, which is governed by section 11F.
- The core court power to make activity directions, which is set out in section 11A.
- Enforcement mechanisms when a parent fails to comply with an activity condition, which is covered under section 11J.
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This page reproduces the text of CA 1989 s. 11E in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.