What is a prohibited steps order?
In simple terms, a PSO is a court order that prevents a named individual (or, in some cases, any person) from taking a specific action in relation to a child without the court’s approval.
It is a preventative order and does not set out arrangements for where a child lives or how much time they spend with each parent. Instead, that is a Child Arrangements Order. Equally, it is distinct from a Specific Issue Order, which directs how a particular decision about a child should be resolved. Instead, a PSO stops a specific step from being taken at all, until or unless the court says otherwise.
Understanding which order applies to your situation matters. If you are uncertain, a family solicitor can help you identify the right route. Get in contact with our team to find out more.
What can a prohibited steps order prevent?
A PSO can cover a wide range of actions. Typically, it is anything that falls within the exercise of parental responsibility. The order must identify the specific step being prohibited, such as:
- International removal or abduction: Preventing a parent from taking a child out of England and Wales, either temporarily or permanently
- Passport applications: Preventing a parent from applying for a passport for the child, or from retaining an existing passport to facilitate unauthorised travel
- Relocation within the UK: Restricting a move to another part of the country where that move would significantly affect the child’s relationship with the other parent
- School changes: Stopping a parent from moving a child to a different school without agreement or court approval
- Name changes: Preventing a parent from changing a child’s surname, whether by deed poll or otherwise
- Medical procedures: Prohibiting consent to non-urgent medical treatment where parents disagree
- Religious or lifestyle changes: Preventing unilateral decisions about a child’s religious upbringing or other significant non-medical lifestyle changes
- Contact with a third party: Preventing a child from having contact with a specific individual where there are welfare concerns
Who can apply for a prohibited steps order?
Only certain people are entitled to apply for a PSO as a right. These include:
- A biological parent of the child (whether or not they hold parental responsibility)
- A guardian or special guardian
- A person named in a Child Arrangements Order as someone with whom the child lives
Other guardians, including grandparents, step-parents, and other relatives, may apply, but they must first obtain the court’s permission to do so. The court will consider factors such as the applicant’s connection to the child and the likely merits of the application before granting leave to proceed.
If you are unsure whether you are entitled to apply, or whether you need permission first, taking advice early can save significant time.
Eligibility is closely linked to parental responsibility, for example, how a step-parent acquires parental responsibility and how parental responsibility works in same-sex families are both areas where the rules are more nuanced than many people expect, and your route to applying will depend on how your legal status was established.
How do I apply for a prohibited steps order?
The application process depends on whether there are already proceedings underway in relation to the child.
If there are no existing proceedings, you will need to complete Form C100, available via the GOV.UK court order page. If there are already active proceedings, you can apply within those proceedings using Form C2, which avoids the need to start a separate case.
Before making an application, most applicants are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies. Since April 2024, applicants must also complete a Form FM5, which sets out what steps have been taken to resolve the dispute without going to court.
Solicitor’s tip: Certain exemptions from MIAM are available, such as situations involving domestic abuse, child protection concerns, or urgent risk of harm, but these must be evidenced and documented carefully.
Where your application involves allegations of harm, domestic abuse, or child protection concerns, you should also submit Form C1A alongside Form C100. This form sets out the nature of the alleged harm and is an important part of ensuring the court has the full picture from the outset.
Where urgency is not a factor, the court will list the matter for a First Hearing Dispute Resolution Appointment (FHDRA), at which a judge will consider whether agreement can be reached before any contested hearing takes place.
How long does it take to get a prohibited steps order in the UK?
For a standard application, the timeframe varies. The First Hearing is typically listed within 4-8 weeks of the application being issued, though court availability can affect this. If the matter is contested and proceeds to a full hearing, the process may take several months.
The timeline depends heavily on the complexity of the case, whether both parties engage constructively, and how busy the local family court is. Early legal advice can help ensure the application is prepared correctly and avoids unnecessary delay.
Can I get an emergency prohibited steps order?
Where there is an urgent and immediate risk to a child, it is possible to apply for an emergency PSO on a without notice basis. This means that the other party is not informed in advance of the hearing – sometimes called an ex parte application.
Without notice applications are reserved for genuinely urgent situations. For example, where there is credible evidence that a parent is about to remove a child from the country without consent, or where waiting for a standard hearing would put the child at real risk. The court will not make without notice orders routinely and there must be a compelling reason why giving notice would not be appropriate.
An urgent application can be heard within 24 to 48 hours, and sometimes on the same day, depending on the circumstances and the court’s capacity. If the order is granted without notice, the court will list a return hearing (usually within two weeks) at which the respondent has the opportunity to attend and make representations. The order may then be continued, varied, or discharged at that point.
If you believe a child is at immediate risk, you should seek legal advice as a matter of urgency. Please call 999 or the National Domestic Violence Helpline on 0808 2000 247.
How does the court decide whether to grant a prohibited steps order?
The court’s starting point is always the welfare of the child, under Section 1 of the Children Act 1989. When assessing what order, if any, to make, the court applies the welfare checklist, which includes:
- The child’s wishes and feelings, considered in light of their age and understanding
- The child’s physical, emotional, and educational needs
- The likely effect of any change in the child’s circumstances
- The child’s age, sex, background, and any other relevant characteristics
- Any risk of harm the child has suffered or is at risk of suffering
- The capability of each parent (and any other relevant person) to meet the child’s needs
- The range of powers available to the court
Alongside the welfare checklist, the court also applies the no order principle: It will only make an order if doing so is better for the child than making no order at all. This reflects the law’s preference for resolving disputes without court intervention wherever possible.
David Allen, Senior Associate at our family law office in North Shields, says:
“It is important to know that the major decisions in a child’s life, such as where they go to school, whether they leave the jurisdiction, relocate and the medical treatment they receive must be agreed by everyone with parental responsibility. If this is not the case and one parent seeks to make unilateral, major life decisions and agreement cannot be reached through non-court dispute resolution, an application for a Prohibited Steps Order can be made.
“These applications are often accompanied by an application for a Specific Issue Order, for example, a parent may apply for a PSO to stop the other from enrolling the child in a new school and for a Specific Issue Order to determine that the current school remains in the child’s best interest. These applications ensure that any decision is reviewed fully, with the child’s welfare at the forefront.”
How long does a prohibited steps order last?
A PSO typically remains in force until the child reaches the age of 18, unless the court specifies a shorter duration or, in exceptional circumstances, extends it .
The court can also grant an order for a defined period, for example, pending a further hearing or until a specific event occurs. It is worth noting that courts rarely grant PSOs for older teenagers unless the risks are significant. As a child matures, their wishes carry increasing legal weight, and by their mid-teens, a young person’s views will generally be a central factor in any court decision.
Once the order is in place, it can only be varied or discharged by a further court application. If circumstances change significantly, either party can apply to have the order reviewed.
What happens if I break a prohibited steps order?
Breaching a prohibited steps order is a serious matter. The court can treat a breach as contempt of court, which carries significant consequences.
If you breach a prohibited steps order, the other party can apply to enforce it. The court has a range of options available, including:
- A fine for non-compliance
- A community order or unpaid work requirement
- In the most serious cases, committal to prison
The seriousness of the consequence will depend on the nature and circumstances of the breach. A one-off, minor departure from the order may be treated differently from a deliberate or repeated failure to comply.
If you are concerned that the other party is about to breach, or has already breached, a PSO, you should seek legal advice as soon as possible.
Can the police enforce a prohibited steps order?
A prohibited steps order is a civil court order, which means the police do not automatically enforce it. If a breach occurs and there is no immediate risk of harm, you will need to return to the family court to pursue enforcement. The court can then decide what consequences, if any, to impose.
The police may become involved where there is an immediate risk of child abduction or where a criminal offence is being committed, but in most situations, enforcement remains a matter for the civil courts rather than the criminal justice system.
How can a prohibited steps order be overturned?
To overturn a prohibited steps order, you will need to make a new application that demonstrates that the original PSO no longer applies. For example, that the risk which originally justified the order has passed, or that new evidence undermines the factual basis of the original decision. Simply disagreeing with the order, without new information or changed circumstances, is unlikely to be enough.
Either party can apply for a new PSO, and an application to vary or discharge is made using the standard court application forms. The court will generally list the matter for a hearing at which both parties can make submissions.
How much does a prohibited steps order cost?
The court fee for applying for a prohibited steps order is currently £270. Fee remission may be available if you are on a low income or certain benefits.
Beyond the court fee, the overall prohibited steps order cost will depend on whether you instruct a solicitor and how contested the proceedings become. A straightforward application, where both parties reach agreement at an early stage, will cost considerably less than a fully contested case that proceeds to a final hearing.
Whatever your financial position, taking early legal advice often reduces costs overall by helping you understand your position and prepare your application correctly from the outset.
If you are worried about a child in your care or concerned about a step that the other parent may be about to take, the most important thing you can do is take advice early. The sooner you have a clear picture of your legal position, the more options are likely to be available to you.
Our specialist child law solicitors are here to help, with practical and compassionate advice tailored to your situation. Get in touch with our team today to take the first step.
Keep reading…
Can my ex stop me from moving away with my children?
What happens if you fail to comply with a court order in the UK?
What does the family court expect from parents?
Originally written March 2024
