Section 91(14) Order in England and Wales: Understanding Its Purpose, Criteria, and Application

What is a Section 91(14) Order?

In the realm of family law, a Section 91(14) order is a legal measure that restricts a party’s ability to make further applications to the court in relation to a child, except under specific circumstances. This type of order is most commonly used in cases involving child arrangements where one party has made numerous or vexatious applications without reasonable cause.

The order is named after Section 91(14) of the Children Act 1989, which grants the court the discretion to impose restrictions on a person’s ability to apply to the court in respect of a child’s welfare. The purpose of this order is to prevent a person from making repeated applications for child-related orders (such as live with or spend time with orders) unless they have a significant and legitimate reason to do so.

Purpose of a Section 91(14) Order

The primary purpose of a Section 91(14) order is to prevent vexatious litigation or repeated applications to the family court that are seen as either unnecessary or harmful to the child. This may occur in situations where one party repeatedly brings the same or similar issues before the court, often after decisions have already been made, or where the court feels further litigation would be detrimental to the child’s welfare.

Why Would Someone Apply for a Section 91(14) Order?

A Section 91(14) order can be requested by either party in family law proceedings or by the court itself, usually at the end of a set of proceedings. Such an order can be made in the following scenarios:

1. Vexatious or Repetitive Applications

When one party repeatedly makes applications for orders or hearings about child arrangements, particularly after previous decisions have been made. This is often seen where one parent continues to make applications for contact or residence without substantial new evidence or a change in circumstances.

2. Prolonging Litigation in an Unjustifiable Manner

If one party has a history of using litigation as a means of prolonging conflict or preventing the other parent from having meaningful contact with the child, the court may impose a Section 91(14) order to limit this behaviour.

3. To Protect the Child’s Welfare

If the court determines that further applications would negatively affect the child’s welfare—such as causing emotional harm or putting the child at risk of being embroiled in protracted legal disputes—it may impose a Section 91(14) order to prevent further applications.

4. Preventing Harassment or Emotional Harm

A Section 91(14) order may be used to prevent a party from harassing or emotionally harming the child or the other parent through repeated court applications.

How and When is a Section 91(14) Order Made?

A Section 91(14) order is typically made after a final hearing in family court. It can be applied for by either of the parties involved in the proceedings or the court can impose it on its own initiative if it considers that such an order is in the best interests of the child. It is often made at the conclusion of a case where a parent has repeatedly brought proceedings before the court, and the court feels that the best way to protect the child is to prevent further applications unless there are significant changes.

For example, if a parent continually applies to change the child’s living or contact arrangements, after several decisions have been made, the court may decide that no further applications should be allowed without permission. This restriction is intended to prevent unnecessary emotional harm to the child, as well as to minimise the financial and emotional costs of protracted legal battles.

What Are the Criteria for a Section 91(14) Order?

Section 91(14) orders are not made lightly. The court will only impose such an order if it is satisfied that it is necessary to protect the child’s welfare and interests, and only after considering several factors. The key criteria include:

1. Child’s Best Interests

The overriding consideration in family law is always the child’s welfare. If the court believes that further applications would be detrimental to the child or prevent them from achieving stability, it may make a Section 91(14) order. This could occur, for example, if the child has already experienced prolonged litigation, stress, or uncertainty as a result of multiple applications.

2. Pattern of Repeated Applications

The court will look at the history of applications made by one or both parties. If there is a pattern of vexatious or unnecessary applications without significant new developments, the court is more likely to impose a Section 91(14) order. This often applies where one party continues to request changes in residence or contact arrangements that have already been resolved, leading to instability for the child.

3. Absence of New or Significant Evidence

The court will assess whether the new application is based on substantial new evidence or a material change in circumstances. If the application seems to be an attempt to re-litigate issues that have already been resolved, the court is likely to limit further applications through a Section 91(14) order.

4. The Need to Prevent Harm or Harassment

If the court determines that further applications will cause emotional harm to the child or the other party, or will prevent the child from having stability in their arrangements, it may impose a Section 91(14) order to prevent further litigation. This is particularly common in cases involving high conflict between parents.

How Often Are Section 91(14) Orders Made?

While Section 91(14) orders are an important safeguard in the family court system, they are relatively rare. They are only imposed in cases where the court believes that further applications will significantly harm the child’s welfare, either through prolonged litigation or emotional distress. They are generally considered a last resort when other interventions (such as encouraging mediation or resolving matters outside of court) have not been successful.

The frequency with which Section 91(14) orders are made depends on the nature of the cases being heard in the family court system. However, in cases of high conflict or repeated and unnecessary applications, the court may impose this order more often to prevent a cycle of litigation.

The Impact of a Section 91(14) Order

1. Restricting Future Applications

A Section 91(14) order prevents a party from making further applications without permission from the court. This ensures that only applications with legitimate grounds will be heard, thereby reducing unnecessary legal proceedings and protecting the child from further exposure to conflict.

2. Providing Stability

By limiting future applications, a Section 91(14) order can provide a sense of stability and finality in a child’s arrangements. This is particularly important in cases where the child has been exposed to ongoing legal proceedings and may benefit from a period of stability and certainty.

3. Encouraging Settling Disputes Outside Court

A Section 91(14) order can encourage the parties involved to seek alternative means of resolving disputes, such as through mediation or other forms of alternative dispute resolution (ADR). It reinforces the principle that litigation should be a last resort.

The Role of Section 91(14) Orders in Family Law

Section 91(14) orders serve as an essential tool in family law to prevent unnecessary, vexatious, or harmful applications to the court, especially when they threaten the welfare and stability of the child. They act as a safeguard against prolonged conflict and ensure that litigation is only pursued when there is a legitimate reason to do so.

While not common, Section 91(14) orders play a critical role in protecting children from the harm caused by repetitive and unnecessary litigation. They uphold the fundamental principle in family law: the best interests of the child. By discouraging further applications that may disrupt a child’s welfare, these orders allow the court to focus on more pressing matters and help families find resolution in a more peaceful and efficient manner.

If you require advice and assistance in respect of a family matter, then please do not hesitate to contact the Family Law Team at Browell Smith and Co Solicitors