Key Takeaways
- A prohibited steps order (PSO) is a court order under the Children Act 1989.
- It prevents a parent or person with parental responsibility from taking a specific action relating to a child without the court’s consent.
- Common uses include preventing a parent from taking a child abroad, changing the child’s school, relocating within the UK or changing the child’s name.
- Before applying, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies.
- The application fee for a court order is £263, paid when submitting the C100 form to the family court.
When parents separate, most decisions about a child’s upbringing can be agreed between them, sometimes with the help of a solicitor or mediator. But there are situations where one parent has serious concerns about what the other parent intends to do, and where waiting for agreement is not an option.
A prohibited steps order gives the court the power to step in and stop a specific action before it happens.
In this article, we explain what a prohibited steps order is, when you might need one, how to apply and what happens if the order is breached. Our family law solicitors at Osbourne Pinner can also arrange a free 30-minute consultation if you want to talk through your situation.
What Is a Prohibited Steps Order?
A prohibited steps order (PSO) is a type of Section 8 order made under the Children Act 1989. It prevents a parent, or anyone else with parental responsibility, from taking a particular step in relation to a child without first getting the court’s permission.
The order does not remove parental responsibility. It places a restriction on a specific action or decision.
PSOs sit alongside other Section 8 orders such as child arrangements orders and specific issue orders. The court will not make a PSO where a child arrangements order could achieve the same outcome.
What Can a Prohibited Steps Order Prevent?
A PSO can be used to prevent a wide range of actions. The most common situations include:
- Taking a child out of England and Wales, whether on holiday or to live abroad
- Relocating a child to another part of the UK
- Changing the child’s school or removing them from their current school
- Changing the child’s surname
- Making an application for the child’s passport
- Consenting to a specific medical procedure on the child’s behalf
- Allowing the child to have contact with a particular person
- Making decisions about the child’s religious upbringing
This list is not exhaustive. A PSO can cover any step a parent could take in exercising their parental responsibility where the court considers it necessary to protect the child’s welfare.
How Is a Prohibited Steps Order Different from Other Court Orders?
It helps to understand where a PSO fits alongside the other orders a family court can make.
A child arrangements order deals with where a child lives and how much time they spend with each parent. A specific issue order asks the court to resolve a one-off dispute about upbringing, such as which school a child should attend. A prohibited steps order, by contrast, is specifically designed to prevent an action from being taken at all.
See also: What Is a Child Arrangement Order?
The court will not use a PSO where another type of order would work just as well. If a dispute is better addressed through a child arrangements order, that is the route the court will take.
Who Can Apply for a Prohibited Steps Order?
Certain people can apply for a PSO without needing permission from the court first. These are:
- The child’s parent, guardian or special guardian
- A step-parent named in a parental responsibility agreement or order
- Anyone named as the person the child lives with in an active child arrangements order
Anyone else who wants to apply, including extended family members and grandparents, must first seek the court’s permission to do so.
The child must be under the age of 16 for a PSO to apply, and must not be in the care of a local authority.
How to Apply for a Prohibited Steps Order
Before you can apply to the family court, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with a trained mediator who will explain whether your dispute might be resolved through mediation rather than court proceedings.
The government currently offers a voucher worth up to £500 towards mediation costs, which can make this route significantly more affordable.
MIAM exemptions do apply in some circumstances. You may not need to attend if:
- You have evidence of domestic abuse
- The child is at risk of harm
- The matter is genuinely urgent
- You are applying for a without-notice hearing
A solicitor can advise whether an exemption applies to your situation.
If mediation isn’t appropriate or doesn’t resolve the issue, the next step is to complete the C100 form. This is the standard application form used for all Section 8 orders and can be completed and submitted online.
The current application fee is £263, though fee remission may be available if you are on a low income or receiving certain benefits.
Once the application is issued, the other party has 14 days to respond. The court will then arrange a First Hearing Dispute Resolution Appointment (FHDRA), where a judge will try to help both parties reach an agreement. If that isn’t possible, the case may proceed to further hearings and ultimately a final hearing where the judge decides.
Getting a court order typically takes around 10 months, depending on the complexity of the case and the court’s availability. Emergency applications can move much faster, sometimes being heard on the same day.
Emergency Prohibited Steps Orders
In some situations, there isn’t time to wait for a standard court process. If you have strong evidence that a parent is about to take your child abroad without permission, for example, or that there is an imminent risk of harm, you can apply for an emergency prohibited steps order.
Emergency applications can be made on a “without notice” basis, meaning the other parent is not told about the hearing in advance. These hearings can take place on the same day as the application. The standard MIAM requirement doesn’t apply in urgent cases of this kind.
Courts take the welfare of the child very seriously, and emergency orders are not granted lightly. You will need to show clear evidence of the risk and explain why notice could not be given. A family law solicitor can help you prepare a strong application quickly if you are facing this kind of situation.
How Long Does a Prohibited Steps Order Last?
The duration of a PSO is set by the court on a case-by-case basis. Some orders specify a fixed period of six to twelve months. Others are open-ended and remain in force until a further court order varies or discharges them.
All prohibited steps orders automatically come to an end when the child reaches the age of 16. Beyond that age, these orders are generally not available, though other legal remedies may be.
An order can be varied or discharged if circumstances change. If both parents agree that it’s no longer needed, they can apply jointly to have it removed. The court will still consider whether ending the order is in the child’s best interests before agreeing.
What Happens if a Prohibited Steps Order Is Breached?
A PSO is a legally binding order of the court. Breaching it is treated as contempt of court, which is a serious matter. Depending on the circumstances, a breach can result in a fine, unpaid work requirements or even imprisonment.
In cases where a child has been taken abroad in breach of an order, there are international mechanisms that may allow for the child’s return, though these can be complex and time-consuming.
Related: What Happens if a Child Arrangement Order Is Breached?
If you believe the other parent has breached a PSO, you should seek legal advice as soon as possible. The police have powers to enforce a prohibited steps order in appropriate circumstances, and you can apply to the court for enforcement action.
How the Court Decides Whether to Make an Order
The child’s welfare is the court’s paramount consideration in any application under the Children Act 1989. The court works through a welfare checklist when deciding whether a PSO is appropriate.
This looks at factors including the child’s own wishes and feelings (given their age and understanding), their physical and emotional needs, any harm they have suffered or are at risk of suffering, and the capability of each parent to meet those needs.
The court won’t make an order unless it is satisfied that doing so is better for the child than making no order at all. In straightforward disputes where parents are able to reach an agreement, the court may decline to make a PSO even if it is technically available.
Speak to a Family Law Solicitor about a Prohibited Steps Order
If you believe a parent is about to take a step that could seriously affect your child’s welfare, acting quickly matters. Court processes take time, and delays can make certain situations significantly harder to resolve. Getting the right legal advice early gives you the best chance of protecting your child.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
At Osbourne Pinner, our family law solicitors have extensive experience helping parents in exactly these situations. We can advise you on whether a prohibited steps order is the right course of action, help you prepare and submit the C100 application, and represent you in court hearings if needed. Where the matter is urgent, we can help you apply for an emergency order without delay.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
