Section 91(14) Barring Orders and Child Arrangements Orders

What a Section 91(14) Barring Order Does

Section 91(14) of the Children Act 1989 gives the Family Court the power to restrict a person from making further applications about a child without the court's prior permission. In practice, it prevents a party from repeatedly dragging the family back to court when the court has already decided the arrangements.

The order is sometimes called a "barring order" or a "section 91(14) direction." It does not ban someone from ever applying again — it requires them to get the court's permission before filing a new application. The court acts as a gatekeeper, screening out applications that are vexatious, repetitive, or unlikely to succeed before they reach a full hearing.

When the Court Makes One

A barring order is not routine. Examples of circumstances that may lead the court to consider one include:

• A party has made repeated applications about the same child without a genuine change of circumstances
• The ongoing litigation is causing harm to the child — emotional distress, instability, or disruption
• The applications are being used as a form of harassment or control rather than a genuine attempt to promote the child's welfare

Practice Direction 12Q says any time limit on a Section 91(14) order should be proportionate to the harm it is intended to prevent, and that the court should explain its reasons for the duration. The court must consider the child's welfare when deciding whether a restriction is appropriate.

The Domestic Abuse Act 2021 inserted Section 91A into the Children Act 1989. It confirms that circumstances for a Section 91(14) order include cases where a future application would put the child or another individual at risk of harm.

How It Affects Relative Carers

For grandparents and relatives holding a "lives with" child arrangements order, a Section 91(14) direction most often comes into play when:

A parent repeatedly challenges your order: If a parent keeps filing applications to vary or discharge the CAO — and each application is dismissed — the court may impose a barring order against the parent. This protects you and the child from the disruption of constant court appearances and Cafcass reassessments.

You are the one restricted: Less commonly, if a relative has made multiple unsuccessful applications for contact or residence and the court determines that the repeated litigation is harming the child, the court may impose a barring order against the relative. This is rare in kinship care cases but can happen where a family dispute has become entrenched.

Duration and Scope

A barring order has no fixed statutory period. The judge sets its duration, and any time limit should be proportionate to the harm the order is intended to prevent.

The order specifies which types of applications are restricted. It might bar all Section 8 applications (child arrangements, specific issue, prohibited steps) or only specific types. It can cover one child or all children in the family.

Applying Despite a Barring Order

If a barring order is in place against you and you want to make a new application, you must first apply for the court's permission using Form C100 and set out the application you want to make. Under Section 91A(4), the court must consider whether circumstances have materially changed since the order was made, but a material change is not required in every case. The court may make an initial decision on the merits without an oral hearing; if it does, you can request an oral hearing within 7 days of receiving notice of the decision. If permission is refused, you cannot proceed. If granted, your application goes through the normal process — MIAM, Cafcass checks, hearings.

Preventing Repeat Litigation

If you are a relative carer and a parent is filing application after application, disrupting the child's stability, you can ask the court to consider a Section 91(14) direction by applying under Part 18 using Form C2, or orally at a hearing. The court can also impose one of its own motion (without anyone asking) if the judge identifies the pattern.

Evidence that supports the request:

• A chronology of the parent's applications and their outcomes
• Cafcass or Section 7 report comments about the impact of litigation on the child
• Evidence that the child's behaviour, schooling, or emotional state is affected by the constant proceedings

The Child Arrangements Order Process Guide covers the full hearing process and provides a communication log template for tracking exactly this kind of ongoing evidence — useful whether you are at the initial application stage or managing a long-running case.

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