Monitoring enforcement orders CA 1989 s. 11M
Court asks officer to monitor unpaid work compliance, report on paragraph 8 Schedule A1 reports, and other specified matters. Officer must comply.
11M 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— to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order; to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person; to report to the court on such other matters relating to the person's compliance as may be specified in the request; to report to the court if the person is, or becomes, unsuitable to perform work under the requirement. It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.
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
When a court makes an enforcement order that includes an unpaid work requirement, it must ask an officer of the Service (such as Cafcass) or a Welsh family proceedings officer to keep track of whether the person does the work. That officer also has to tell the court if a report under paragraph 8 of Schedule A1 is made – for example, if the person breaches the work requirement or becomes unable to do it.
The court can also ask the officer to report on other matters related to compliance, such as punctuality or attitude. In all cases, the officer is legally obliged to do what the court asks. This section does not say what happens if the officer fails to comply, only that it is their duty.
When it applies
- A parent ordered to do unpaid work for failing to allow contact; the officer monitors attendance at the work placement.
- The person becomes ill and cannot perform the work; the officer reports unsuitability to the court.
- The work supervisor submits a report under paragraph 8 of Schedule A1 saying the person was abusive; the officer passes this to the court.
- The court asks the officer to report on whether the person is completing the work on time; the officer provides monthly updates.
- The person moves to a different area and the officer must report the change to the court.
What this section does not say
- Does not cover monitoring of activity directions or conditions (see CA 1989 s. 11g).
- Does not cover the process of making an enforcement order (see CA 1989 s. 11l).
- Does not cover warning notices for enforcement orders (see CA 1989 s. 11n).
- Does not cover compensation for financial loss from breach (see CA 1989 s. 11o).
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This page reproduces the text of CA 1989 s. 11M 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.