Rules for section 91(14) barring orders CA 1989 s. 91A
Section 91A sets rules for section 91(14) orders preventing applications that risk harm, requiring a material change of circumstances to grant leave.
91A This section makes further provision about orders under section 91(14) (referred to in this section as “ section 91(14) orders ”). The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put— the child concerned, or another individual (“the relevant individual”), at risk of harm. In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health. Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made. A section 91(14) order may be made by the court— on an application made— by the relevant individual; by or on behalf of the child concerned; by any other person who is a party to the application being disposed of by the court; of its own motion. In this section, “ the child concerned ” means the child referred to in section 91(14).
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
This section details when and how a court may make a section 91(14) order, which restricts a named person from making further applications under the Children Act 1989 without first obtaining permission from the court.
A court can make this order if satisfied that allowing an application would put the child concerned or another individual at risk of harm. Where the person at risk is eighteen or older, harm is defined as ill-treatment or the impairment of physical or mental health. An order can be requested by the individual at risk, by or on behalf of the child, by any party to the proceedings, or initiated directly by the court.
When a person restricted by a section 91(14) order applies for leave to bring a new application, the court must evaluate whether there has been a material change of circumstances since the order was originally made.
When it applies
- A parent asks the court to prevent an abusive former partner from filing repeated family court applications that cause mental health impairment.
- A person subject to a section 91(14) order seeks leave to make a new child access application after a material change in their life circumstances.
- The court decides on its own motion during family proceedings to prevent a party from submitting further applications without prior court permission.
What this section does not say
- Injunctions or non-molestation orders preventing direct contact between adults outside of court applications.
- General provisions on the effect and duration of court orders, which are dealt with under section 91.
- Appeals against court decisions, which are covered under section 94.
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This page reproduces the text of CA 1989 s. 91A 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.