Restrictions on the Making of Further Applications to a Court
It is a basic principle of UK law and a fundamental freedom that everybody should have the right of unrestricted access to the courts and the law. A further right under the European Convention is the entitlement to a family life. These rights do not lie easily with Section 91 (4) of the Children Act 1989.
Section 91 (4) gives a court the power to restrict a person (usually a parent) from making any further applications concerning a child. Although rarely used it is a draconian order which is undoubtedly a substantial interference with a person's basic rights. It provides that: