Section 91(14) Orders – A Never Ending Story?

It is often said by appellate courts (or by counsel opposing the making of such an order) that these orders are "draconian", but they are of course not an absolute bar; they do no more than require an application for permission to be made before further proceedings can be set in train. If there has been a genuine and substantial change in the circumstances that underlay the barring order that permission may well be forthcoming. There are a number of recent authorities in which s91(14) orders have featured (and been overturned), and these are reviewed below. However, in many of the recent cases the s91(14) issue was somewhat ancillary to other primary issues on appeal – these cases therefore offer little in the way of new law specifically pertaining to s91(14). In the main recent authority is primarily of interest as illustrative examples of the application of pre-existing principle. [1999] EWCA Civ 1323 Butler Sloss LJ set out some useful guidelines, which are still applicable. In summary: in cases where there have been repeated and unreasonable applications a barring order is a weapon of last resort, although where the welfare of the child requires it orders can be made notwithstanding the absence of such features (for example where there was a serious risk a primary carer would be subjected to unacceptable strain). In addition, that judgment tells us that an order may be imposed by the court of its own motion and may be imposed with or without limit of time. Ex parte orders would be appropriate in only the most exceptional of cases. [1998] 1 FLR 1: 'Does the application demonstrate any need for renewed judicial investigation?' Or 'Is there an arguable case'. In Re S the court confirms that there is no discrepancy between the two ways of expressing this test, the hurdle is not formidable and in essence all the applicant has to demonstrate is that his substantive application is not hopeless (see paras 53-55). that exceptionally an application for permission may be made ex parte. For example where the respondent is known to be vulnerable to the stress of proceedings and the s91(14) order has been made with that in mind. This will enable the court to filter any application, for example to scrutinise what change the applicant has been able to effect since the order was made, before causing the anxiety that is likely to arise from the giving of notice. [2010] EWCC 30 (Fam) (Pilot scheme county court judgment) the local authority, with the support of the guardian, sought a s91(14) order preventing the mother from making further applications to discharge a care order. The judge declined at that stage to make an order, adjourning the s91(14) application and the mother's application to discharge for a short period pending the resolution of contact issues which were still live, noting that with the benefit of judicial continuity any further unmeritorious discharge applications could be dealt with summarily.

Instalment Four | Author: John « The Neverending Crowdsourced Story…

“Fancy a bit of the old ‘in-out’, love? We have a bit of time before Cash In The Attic starts. This week they’re helping a former Colditz POW fund a Bangkok fuck-binge. Should be a good’un”.

Her response is reassuring. She forces the rest of her iced bun towards her gullet and hurriedly licks the remaining fragments of icing from her fingers. “Shool oy puft sum mufic on?”

“What?”

She takes a few seconds to chew and swallow the rest. “I said; shall I put some music on?”

This is what he wants to hear. It means they’re on the same wavelength, and that she’s not thinking of Malcor. One final test to conduct.

“How about some Gary Numan? Perhaps the song M.E., which was sampled by Basement Jaxx. Did you know that he suffers from Asperger’s Syndrome?”

“No, I didn’t know that. Numan is fine”, she replied.

Her compliance was guaranteed. It was a risk, but not one that was beyond rescuing should it all go wrong. He reaches for his ‘The Pleasure Principle’ vinyl, but hesitates. No, he was risking enough already. Best to opt for the CD version, with its superior sound quality and reliability.

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