Prohibited Steps Orders - What Parents Need to Know
Article summary
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A Prohibited Steps Order (PSO) is a type of court order used to stop someone with parental responsibility from making a certain type of decision about their child
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A PSO can be used to stop a parent from changing a child’s school, moving them to another country, or changing their surname
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The court will only grant a PSO if it believes it is in the child’s best interests
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You must attend a Mediation Information and Assessment Meeting (MIAM) before applying to the family courts for a PSO
If you are concerned that your child’s other parent may make a decision regarding their education, religion, health, or living arrangements that is against their best interests, one option is to ask the court to approve a Prohibited Steps Order (PSO).
In this article, we will explain the essential elements of PSOs, including why they are used, how long they last and the factors that the court will consider when deciding whether to approve one.
What is a Prohibited Steps Order (PSO)?
A Prohibited Steps Order (PSO) is made under section 8 of the Children Act 1989 in England and Wales to stop a person with parental responsibility (PR) from taking a specific action relating to a child stated in the order. PSOs can be used to prevent a person with PR from:
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Changing the child’s school
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Moving the child to another part of the UK or another country
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Changing the child’s name
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Making medical decisions, such as refusing treatment
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Choosing a religious path for the child against the other parent’s wishes
PSOs are often sought urgently if one parent is worried that the other is about to undertake an important act or decision regarding their child without agreement.
Who can apply for a Prohibited Steps Order?
Depending on your relationship to the child in question, you may need to ask the court for permission to apply for a PSO. You can apply for a PSO without asking the court’s permission if you are the child’s parent, guardian or special guardian, step-parent with parental responsibility, or you are named in a Child Arrangements Order as the person the child lives with. If none of these apply to you, you must ask the court for permission before proceeding.
Before applying for a PSO, the court will expect you to:
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Do everything possible to resolve matters between yourselves without going to court. The main exception to this is if there is any background of abuse, domestic violence, or control or coercion to you and/or your child.
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Prioritise the child’s welfare first at all times
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Attend a Mediation Information and Assessment Meeting (MIAM) – again, you may be exempt from this mandatory requirement if there is a background of safety concerns in relation to the child’s other parent and you and/or your child.
PSOs cannot normally be used when deciding who a child should live with (this will require a Child Arrangements Order), if the child is aged 16 or over, or if they are in the care of a local authority.
How to apply for a Prohibited Steps Order in England or Wales?
There are several steps involved in a PSO application; however, if your matter is particularly urgent, we recommend seeking a family law Solicitor to handle your application immediately. The standard steps when applying for a PSO are as follows:
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Attend a MIAM - Before submitting your application, you and the other party will usually need to attend a MIAM at which a specially trained family mediator will see if the issue can be resolved without court proceedings. If mediation is not suitable or the other parent refuses to attend, you can go ahead with your application to the court for a PSO.
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Complete Form C100 - Complete Form C100 (online or on paper) and pay the court fee of £263.
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Complete Form C1A – this is necessary if there are allegations of domestic abuse or harm to the child
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If necessary, make an urgent application to the family courts – this is essential if there is an urgent risk to the child (e.g. immediate risk of being taken abroad), you can apply for a ‘without notice hearing’, meaning that the other party will not be told in advance of a hearing to decide on the case. In this case, you must provide a written statement justifying the urgency. Please note, urgent orders are temporary and reviewed at a later full hearing with both parties.
What happens after you apply for a PSO?
After you apply for a PSO, the court will process the application, and if accepted, will arrange a First Hearing Dispute Resolution Appointment (FHDRA). In most cases, it is expected that you and the other party will need to attend, along with a CAFCASS officer, to represent the child’s welfare. At this first hearing, the court will try to help both parties reach an agreement without taking the matter further.
If an agreement cannot be reached, one or more Dispute Resolution Appointments (DRAs) may be arranged, and more evidence may be requested. If there is still no progress, the judge will arrange a final hearing to decide on the case.
At the final hearing, both sides will give evidence and CAFCASS (is involved) may be asked to provide their view. The judge then makes a final decision and issues an enforceable order.
How long does a Prohibited Steps Order take to get?
The standard process of applying for a PSO can take several weeks to several months, unless the matter is urgent. However, if the PSO application is urgent, the matter may be resolved on the same day. It may even be possible to ask an out-of-hours judge to make a decision if the matter is particularly urgent.
How long does a Prohibited Steps Order last?
If granted, the PSO will last for a specific period set by the court (e.g. 6 months or 1 year), until a specific event happens (e.g. until the child finishes primary school), or until the child turns 16 years old.
Final words
If you are concerned that your child’s other parent is about to take action relating to your child that you do not agree with, we can help you take legal action quickly and appropriately. Please contact us for confidential advice about applying for a Prohibited Steps Order in England or Wales. Having successfully assisted many others in the same situation, we understand exactly what the courts are looking for and can act on your behalf immediately if necessary.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to a Prohibited Steps Order application. To make an appointment, please call us on 01932 840 111.
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