Understanding the process of applying for a Prohibited Steps Order (PSO) can be daunting for many parents and guardians navigating complex family situations. This legal mechanism, specific to the jurisdiction of England & Wales, provides a valuable means of protecting a child’s welfare when disputes arise about important aspects of their upbringing. Whether you’re trying to prevent a parent from removing a child from the country or from making specific decisions without your agreement, a PSO can play a crucial role in safeguarding a child’s best interests. This article will guide you through the principles, purpose, and prudent steps necessary to apply for such an order, offering clarity during what may be a challenging period.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a type of court order under Section 8 of the Children Act 1989. It is designed to restrict a parent or individual with parental responsibility from carrying out certain actions in relation to a child without the court’s permission. Typically, these are steps that one parent might take unilaterally but which the other parent objects to—such as taking the child abroad, changing their school, or making medical decisions.
Unlike a Child Arrangement Order, which sets out where a child should live or with whom they should have contact, a PSO does not determine living arrangements. Its focus is instead on the prevention of specific actions which the applicant believes are not in the child’s best interests.
Understanding Parental Responsibility
Only individuals with parental responsibility can ordinarily take major decisions in a child’s life. Parental responsibility is automatically given to birth mothers and, in many cases, the biological father as well—especially if he is married to the mother or is named on the birth certificate (for children born after 1 December 2003).
If a dispute arises between parents who both share parental responsibility, and consensus cannot be reached, either party can apply to the Family Court for a PSO to resolve the issue. Occasionally, individuals without parental responsibility—such as grandparents or step-parents—may also apply for a PSO, but they must first obtain the court’s permission to do so.
Scenarios Where a PSO Might Be Necessary
The types of actions that could trigger a PSO application vary widely, often reflecting the unique circumstances of each family. Common scenarios include:
– Preventing a parent from taking a child out of England & Wales on holiday, often in cases where there is real concern that the parent may not return.
– Stopping one parent from changing the child’s school without consent.
– Preventing medical treatment or deciding not to vaccinate a child against the wishes of the other parent.
– Restricting exposure to certain people, environments, or religious influences.
– Halting plans for the child to be relocated to a different part of the UK.
In each of these situations, the applicant believes there is a risk to the child’s welfare if the action is taken without oversight or mutual agreement. A PSO serves as a legal measure to pause and assess the implications.
Mediation and Alternative Dispute Resolution
Before making an application to the court, the applicant is usually expected to consider alternative forms of dispute resolution. Mediation, in particular, is encouraged under the Family Procedures Rules 2010. It offers parents the opportunity to discuss their concerns, explore compromises, and attempt a resolution outside of the court system. A qualified mediator facilitates this process and helps both parties focus on the child’s welfare rather than their conflict.
In most cases, before filing a PSO application, applicants are required to attend a Mediation Information and Assessment Meeting (MIAM), except in situations where there is a valid exemption—such as evidence of domestic abuse or one party’s refusal to engage.
Making the Application
To initiate the process, the applicant must complete and submit the relevant forms to their local Family Court. The primary document for PSO applications is Form C100, which is also used for other types of private law children applications. This form requires details of both parties, the child or children involved, and the nature of the order being sought. If the application relates to possible risks of harm, Form C1A may also be necessary to provide further information about child safety concerns.
When filling out these forms, clarity and accuracy are essential. The court relies heavily on written submissions to understand the context and urgency of the situation. Supporting documentation—such as emails, letters, or text messages that highlight the dispute—can be included.
Once the forms are completed, they must be submitted to the appropriate Family Court. There is a fee involved, currently set at £232 (subject to change), although applicants on low incomes may be eligible for help with court fees under the fee exemption scheme.
What Happens After the Application is Filed?
Once the application is filed, the court will begin preliminary case management. In most instances, a hearing will be scheduled within four to six weeks, although urgent cases (such as potential abduction) may be heard within 24 to 48 hours or even on the same day if necessary.
Both parties will typically be required to attend the initial hearing, known as a First Hearing Dispute Resolution Appointment (FHDRA). At this stage, the court will attempt to understand the nature of the dispute, assess any safeguarding concerns, and determine whether an agreement can be reached with judicial assistance.
Cafcass, the Children and Family Court Advisory and Support Service, may be instructed to prepare an initial safeguarding check prior to the FHDRA. They carry out background checks and speak to both parties, reporting their findings to the court. In more complex matters, especially where the child’s welfare is potentially compromised, Cafcass may be ordered to perform a full Section 7 welfare report.
Court Proceedings and Welfare Considerations
The guiding principle for all court decisions involving children in England & Wales is the child’s welfare. This is enshrined in Section 1 of the Children Act 1989—commonly referred to as the welfare principle. When determining whether or not to grant a PSO, the court utilises the welfare checklist, which includes factors such as:
– The wishes and feelings of the child, considering their age and understanding.
– The child’s physical, emotional, and educational needs.
– The likely effect of any change in circumstances.
– The child’s age, sex, background, and any relevant characteristics.
– Any harm the child has suffered or is at risk of suffering.
– The capability of each parent to meet the child’s needs.
– The powers available to the court.
In evaluating the case, the court will consider all available evidence, including witness statements, expert opinions, and any reports produced by Cafcass or social services. Both parties may be asked to prepare statements explaining their position and any concerns about the proposed action.
In most instances, the court will encourage an agreement between the parties. However, where consensus is not possible, the judge will make a binding decision based on the evidence and what serves the child’s best interests.
Enforcement and Duration of a PSO
Once granted, a PSO carries the full weight of the law, and failure to comply with it can result in serious consequences. Ignoring the terms of the order may lead to enforcement action, including fines, community service, or even imprisonment in extreme cases.
The duration of a PSO varies depending on the nature of the restriction. Some orders may be time-limited—for instance, prohibiting international travel for a period of six months. Others may continue until the child turns 16 or even 18, depending on the court’s direction. It’s also possible to apply to vary or discharge the order if circumstances change substantially over time.
Temporary (interim) PSOs may also be issued, providing an emergency safeguard pending further investigation or while awaiting a final hearing. These are common in cases involving an immediate risk, such as parental abduction.
Legal Representation and Support
While it is possible for individuals to represent themselves in family proceedings, navigating the legal system alone can be complex and emotionally taxing, especially where the welfare of children is concerned. Solicitors specialising in family law can provide valuable legal advice, help prepare documents, and advocate on your behalf in court.
Legal aid for PSO applications is limited and primarily reserved for cases involving domestic abuse or child protection concerns. Applicants experiencing abuse may be eligible for funded legal assistance and should consult a solicitor or legal adviser early on to assess their qualifications for support.
It’s also worth considering other sources of support. Charities such as Families Need Fathers, Gingerbread, and the NSPCC provide practical guidance and emotional assistance throughout family court proceedings.
Practical Tips for Applicants
Making a successful application for a PSO requires careful preparation and attention to detail. Here are a few practical tips to improve your chances of a constructive outcome:
– Focus on the child’s welfare at all times. This is the only consideration that carries legal weight.
– Avoid emotional language. Courts respond more favourably to calm, fact-based submissions.
– Keep thorough records of interactions with the other parent, especially if you anticipate contestation.
– Be honest. Misleading the court, exaggerating facts, or making unfounded allegations can negatively impact your case and, more importantly, your child.
– Prepare for the possibility of compromise. You may not be able to restrict all actions, but you might obtain significant concessions through negotiation.
Conclusion
Applying for a Prohibited Steps Order is often necessary when communication between parents breaks down and an aspect of a child’s upbringing becomes contentious. The legal process in England & Wales is designed to prioritise the welfare of the child above all else, offering a framework through which sensitive decisions can be resolved objectively.
If you’re considering a PSO application, taking the time to understand your legal rights and responsibilities—as well as the needs of your child—can have a profound impact on the outcome. The process can be emotionally draining, but it can also serve as a critical step toward achieving stability and security for your child.
Above all, remember that legal intervention should be seen as a last resort, not a first response. Open dialogue, respect for the other parent’s role, and a genuine focus on your child’s needs can often lead to better, longer-lasting outcomes—both in court and, more importantly, outside of it.