What is a Prohibited Steps Order?

Co-authored by Yasmin Jeffrey

A Prohibited Steps Order (PSO) is a court order preventing a person (usually a parent with parental responsibility) from taking certain steps or making a decision about a child without the express permission of the other parent or the court, as set out in Section 8 of the Children Act 1989.

Where both parents have parental responsibility for the child, they must obtain the other’s consent when making decisions on their upbringing, such as where the child should attend school or taking the child overseas. Where one parent does not consent and they fear the other parent will unilaterally take steps to proceed without it, and perhaps they have exhausted all other options of trying to agree, the parent who does not consent could apply for a PSO, seeking to place a specific embargo on the exercise of their parental responsibility.

Common reasons for seeking a Prohibited Steps Order:

A PSO is concerned with a single specific issue, for example:

• Changing a child’s surname
• Removing a child from the UK
• Relocating with a child within the UK
• Medical treatment of a child
• Choosing a child’s school/moving a child to a different school/removing a child from school
• To direct that a child should not be brought into contact with a named person
• To direct that a child should not be taken to a particular place
• Changing a child’s religion

Who can apply for a Prohibited Steps Order?

The following individuals can apply for a PSO:

1. The child’s parent, guardian or special guardian.
2. The person named as the person with whom the child is to live with under a Child Arrangements Order.
3. Anyone else who has parental responsibility for the child.

If you do not meet any of the above criteria, you would be required to make an application to the court first for permission to apply for a PSO.

A court will not make a PSO for a child who is over the age of 16 (other than in exceptional circumstances). Further, you cannot apply for a PSO for a child in the care of the local authority. However, the local authority may apply to the court for permission to apply for a PSO for a child under their care if they feel it is necessary.

How do you apply for a Prohibited Steps Order?

The family procedure rules impose a responsibility on individuals to consider out of court dispute resolution prior to making an application at court. This is even more so since the changes made from 29 April 2024. All individuals must attend a mediation information assessment meeting (MIAM) first, and complete a new Form FM5, unless an exemption applies. When making an application to the family Court for a PSO, a C100 application form must be used, and the court fee paid. It is important you tick the correct box when applying for a PSO as the C100 form can be used to make alternative family law applications. The C100 will set out the details of all adults and children involved and requires the applicant to outline their reasoning for wanting the court to make the specified order.

Depending on the circumstances of the case and the urgency of the application, an application for a PSO can be made with or without notice. If applying without notice, where the respondent is not aware of the application or invited to attend the first hearing, the applicant will need to demonstrate that there is a real need for an emergency hearing because of the potentially serious effect on the child’s welfare. The court should only make an order without notice if: by giving notice would enable the respondent to take steps to defeat the purpose of the order, the case is of exceptional urgency or, if it would expose the child to unnecessary risk of physical or emotional harm.

When the court receives the application, it will be issued, and a first court hearing will be listed, which as set out above may take place without the respondent being informed If a without notice order is made, a ‘return’ hearing date will be listed to give the respondent an opportunity to respond.

What does the Court consider when making a PSO?

When the court considers a PSO application, the child’s welfare will be the court’s paramount consideration, as it is when considering any application for orders relating to children. The court must have regard to the welfare checklist outlined at section 1(3) of the Children Act 1989. The checklist includes:

• The ascertainable wishes and feelings of the child concerned.
• Their physical, emotional and educational needs.
• The likely effect of any change in circumstances.
• Their age, sex, background and any relevant characteristics.
• Any harm the child has suffered or is at risk of suffering.
• The capability of each parent in meeting the child’s need; and,
• The range of powers available to the court under the Children Act 1989.

Children proceedings in England and Wales adopt a ‘no order’ principle. This means that the court will only intervene and make an order where it is absolutely necessary. The court will have to be satisfied that it would be better for the child to make an order than not.

How long do they last and how are they enforced?

Once a PSO is made, the parent loses the ability to exercise that part of their parental responsibility and cannot regain it without consent of the court. The length of a PSO depends on the facts of the case and nature of the issue, considering what is in the child’s best interests. It could be for a period of 6-12 months, or perhaps lasting until the end of a specific event, such as until the child finishes secondary school (but not beyond the age of 18 as they are then considered an adult in the eyes of the law). As a result of the duration varying from case to case, it is important you are aware how long your order is to remain in place for.

A PSO is a legally binding and enforceable court order and so if it is breached, that person will be in contempt of court, and following a court application by the applicant to enforce, it could lead to a fine, unpaid work or imprisonment (in extreme circumstances).

If you would like to discuss a PSO or any family law related issue confidentially please contact us.

Lucy Naish is a Senior Associate in our Horsham team. Yasmin Jeffrey is a Paralegal in our Horsham Team.