Section 18 amends the Children Act 1989 to place a requirement on the Crown Court to make a prohibited steps order (PSO) when the offender is sentenced in cases where one parent has been convicted of the manslaughter or murder of the other parent. The section also places a duty on the local authority to make an application to the High Court or the family court to review the PSO.
	Subsection (1) makes provision for the Act to amend the Children Act 1989.
	Subsection (2) amends section 8 of the Children Act 1989 to provide that the term ‘family proceedings’ (as it is defined in the Children Act 1989) does not include the proceedings when in the Crown Court covered under the new section 10A.
	Subsection (3) inserts new Sections 10A and 10B into the Children Act 1989.
	New Section 10A in the Children Act 1989 (inserted by subsection (3)) covers the requirement for the Crown Court to make a PSO:
	Subsection (1) of new section 10A in the Children Act 1989 clarifies that the section applies where a child has two parents, at least one of whom has parental responsibility (PR) for them and that a parent who holds PR has been convicted of the murder or, in certain circumstances, the manslaughter of the other parent.
	Subsection (2) sets out the circumstances where manslaughter convictions are within scope of the measure. Namely where a parent who holds PR has been convicted of the manslaughter due to reasons of loss of control (as provided for by Section 45 of the Coroners and Justice Act 2009) or diminished responsibility (as covered by Section 2 of the Homicide Act 1957).
	Subsection (3) confirms that in cases where the provision applies the Crown Court is required to make a PSO when sentencing the offender.
	Subsection (4) sets out the terms the PSO must contain to prevent the offender from taking any step in the exercise of their PR without the consent of the High Court or the family court and that order will remain in place until it is varied or discharged by either the High Court or the family court.
	Subsection (5) confirms that a PSO should not be made by the Crown Court where there is already a PSO in place that already provides that no steps could be taken in exercise of a parent’s PR or if, in cases where the offender has been convicted of manslaughter, it would not be in the interests of justice to do so.
	Subsection (6) makes clear that where the Crown Court is undertaking the duty placed on it by Section 10A and in the context of the Crown Court’s discretion in certain manslaughter cases, it should not apply the following sections of the Children Act 1989:
	Section 1, which covers the elements the court must include in its consideration of a child’s welfare, such as the presumption that a child’s welfare will be furthered by the involvement of each parent in their lives.
	Section 7, which gives the court the power to commission the Children and Family Court Advisory and Support Service. (Cafcass), Cafcass Cymru or local authority social workers to deliver reports on the child’s welfare.
	Section 11, which covers a series of provisions relating to timetabling, orders and the provision of welfare reports.
	Subsection (7) clarifies that where a PSO has been made it will not automatically stop where the affected parent is acquitted on appeal. Instead, provision is made in new section 10B for the family court to review any order in such circumstances.
	Subsection (8) provides that a PSO made by the Crown Court is to be treated as an order of the family court for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (which gives the family court the power to vary, suspend, rescind or revive any order it makes).
	Subsection (9) provides that the Crown Court cannot hear applications for the enforcement of the PSO, these will instead be heard by the family court.
	The new Section 10B in the Children Act 1989 (inserted by subsection (3)) confirms details of the duty that will be placed on the local authority:
	Subsection (1) sets out it applies when a PSO made under new section 10A.
	Subsection (2) confirms that where a PSO is made under the new section 10A the relevant local authority at the time the PSO is made must make an application for the family court to review the PSO. The references to ‘the court’ here is as provided for by Section 92(7) of the Children Act 1989 and means the High Court or the family court.
	Subsection (3) provides the circumstances in which subsection (4) applies. Subsection (3) confirms that subsection (4) applies the where the Crown Court has made a PSO under the new Section 10A and the court has finished its deliberations and made a final order in relation to the PSO made by the Crown Court following the local authority’s application under subsection (2). Subsection (3) also provides that subsection (4) applies when the parent has been acquitted on appeal of the murder or manslaughter which resulted in the making of the PSO by the Crown Court. The meaning of relevant local authority is clarified by Subsection (7).
	Subsection (4) confirms that the relevant local authority at the time of the verdict of the parent’s acquittal is entered must make an application for the family court to review the PSO.
	Subsection (5) makes clear that the relevant local authority must make an application to the court to review the order as soon as would be reasonably practicable and in all cases within 14 days after the day on which either the order is made by the Crown Court, or, where the affected parent is acquitted on appeal, the verdict of acquittal was entered.
	Subsection (6) provides that the Secretary of State has the power to change the length of the 14-day time limit by secondary legislation.
	Subsection (7) defines the ‘relevant local authority’ as the local authority within whose area the child(ren) involved are ordinarily resident or the local authority within whose area the child(ren) is present. If there is no local authority which fits this description, no duty arises. Nothing in this subsection affects the law applicable to whether the court has jurisdiction to make any orders as a result of the review.
	Subsection (4) of this section removes the following restrictions on making a PSO, as set out in the Children Act 1989:
That a PSO cannot be made in situations where the child(ren) in question is in the care of a local authority;
Where the PSO would end after the child(ren) involved has reached the age of 16; or
Where the child(ren) in question is over the age of 16.
	Subsection (5) confirms that when a local authority has the power (under Section 33(3)(b) of the Children Act 1989) to decide how an offender can use their PR, the local authority may only use this power in order to stop them from taking steps that are not already prohibited by the PSO made under new section 10A.
	Subsection 6(a) amends subsection 91(2) of the Children Act 1989 to provide that if a care order is made after the making of a PSO under new section 10A that PSO will not be discharged as would be the case for other section 8 orders.
	Subsection 6(b) inserts new provision into section 91 of the Children Act 1989 that, where a PSO is already in place and a further PSO is made that specifies the affected parent may not exercise their parental responsibility, the first PSO will be discharged, save to the extent the first PSO also prohibits other actions not covered by the new PSO, for example in relation to other persons or children.
	Subsection (7) amends the provisions of the Children Act 1989 in relation to the powers to make regulations under the Act consequential on the new Section 10B(6).
	Subsection (8) provides that a PSO made by the Crown Court under section 10A does not fall within the definition of a ‘sentence’ for the purposes of section 50 of the Criminal Appeals Act 1968 and cannot therefore be appealed by the offender through the Crown Court. The question of whether the PSO should remain in place, be varied or discharged will be considered by the court following the application by the relevant local authority (any decision made by the family court would be subject to appeal through the usual routes).
Part 1: Victims of Criminal Conduct Restricting parental responsibility where one parent kills the other Section 18: Restricting parental responsibility where one parent kills the other