Commentary on Provisions Part 1 – children’s hearings system Section 5 – compulsory supervision orders: prohibitions
26.Section 5 amends section 83(2) of the 2011 Act to extend the list of measures that may be included in a CSO. It adds two new prohibitions, giving children’s hearings greater choice when deciding on which measure (or combination of measures) is best suited to a child’s individual circumstances and is most likely to safeguard and promote the child’s welfare.
27.The first prohibition is contained in new section 83(2)(ca). It prohibits the child from entering a specified(18) place or description of place. This might relate to a specific address or to a particular area. For instance, this measure could be used to protect someone who is considered to be at risk of harm or harassment from the child by, say, prohibiting the child from entering the person’s home or place of work. Alternatively, it may be used to prohibit the child from entering an area or premises where the child is at risk of being exploited.
28.Section 83(2)(ca) provides a less restrictive and intrusive measure than the alternative of a movement restriction condition, which may be included in a CSO by virtue of section 83(2)(d) and is explained further in relation to section 6 (see paragraphs 31 to 40 of these Notes). It is not subject to any preconditions or specific monitoring arrangements like a movement restriction condition. However, any breach of the prohibition would lead to a review of the CSO and could result in additional or more restrictive measures (like a movement restriction condition) being imposed.
29.The second prohibition is contained in new section 83(2)(cb). It prohibits the child from approaching, communicating with or attempting to approach or communicate with (whether directly or indirectly) a specified(19) person or class of person. This includes prohibiting the child from approaching or communicating with another person through someone else. Section 5 amends the interpretation provision in section 83(8) of the 2011 Act, to make it clear that “communicating with” another person includes communicating with that person by using social media (such as Facebook) or by any other electronic means.
30.Again, the prohibition in section 83(2)(cb) may be used to protect someone where there is a risk of the child harassing or intimidating that person. It differs from the measure in section 83(2)(g), which is a direction regulating contact between the child and a specified person or class of person.(20) This generally involves regulating contact between the child and the people with whom the child has a relationship, such as family members.