A section 91(14) is an order of the family court in Children Act proceedings which prevents one of the parties from making any further applications under the Children Act in relation to the same child(ren) without the Court’s permission. It can be made on the application of a party or by the Court of its own motion.

A section 91(14) does not prohibit that party from making further applications in relation to the children, but it does impose a restriction as the party will need to pass a filter of obtaining the Court’s permission first. The Court would only grant permission if the application has merit i.e. if there is an arguable case, and if there has been a material change of circumstances since the previous order was made. If this cannot be demonstrated, the court can dismiss the application without the other party (respondent) and the child(ren) having needed to be made aware of the application or involved. In that way it protects the other party (respondent) and the child(ren).

Sections 91(14) orders may be appropriate in the following circumstances:

  • If further applications under the Children Act would place the child or other party at risk of harm or serious risk of unacceptable strain;
  • Where one party has made repeated and unreasonable applications that are unlikely to succeed;
  • Where in the circumstances it is in the child(ren)’s best interest to prevent unmeritorious applications being made;
  • To allow a period of respite after lengthy litigation;
  • Where time is needed for certain actions to be taken for the protection of the child or the other party;
  • Where one party’s conduct is such that an order is necessary to protect the child(ren)’s welfare directly or indirectly because of damaging effects on a parent carer, for example if it includes harassment or a pattern of controlling and coercive behaviour or other domestic abuse.

The Child(ren)’s welfare will be the Court’s paramount consideration and whether a s.91(14) order is necessary and proportionate, given it would limit a party’s unrestricted access to court, will depend on the facts and all the circumstances of the case.

These orders should be used as a last resort and are made by the Court sparingly. S91(14) orders, when made, will usually be for a limited duration. In exceptional circumstances these orders may be made until the child turns 16 years old.

A section 91(14) is not an absolute bar on further applications and it does not include other types of applications, for example, under the Family Law Act. If this is what is being sought then an application under the inherent jurisdiction of the High Court, or a civil restrain order may be more appropriate.

Our Family Solicitors at FJG have experience in advising and representing clients in Children Act proceedings, including advising on section 91(14) order applications. Please contact us by calling 01206 835320, contact us by using the enquiry form at the top of this page.