What is Prohibited Steps Order and what do they do?

When parents disagree over important decisions affecting their child, emotions can run high. Especially if they’re worried about their child’s safety.

In this article, Trainee Solicitor Rachel Lam explains how a Prohibited Steps Order can be used to protect a child’s safety.

She discusses:

• What these orders are
• What these orders cover
• When they can be used
• What are the advantages and disadvantages

How do I stop my ex-partner making a decision that could harm my child?

You may consider applying to the court for a Prohibited Steps Order (PSO) under the Children Act 1989 to prevent your ex-partner from making specific decisions that could negatively impact your child’s welfare.

What is a Prohibited Steps Order?

A Prohibited Steps Order is a legally enforceable order issued to prevent a parent or someone with parental responsibility from taking specific actions without the consent of the other parent or the court. These orders are made to safeguard a child’s welfare.

What does a prohibited steps order cover?

A Prohibited Steps Order may commonly be used to prevent situations such as the following:

• Removing a child from their current care arrangement or home
• Changing a child’s school without mutual agreement
• Relocating a child to another country or region within England and Wales
• Altering a child’s legal name
• Contact with someone who may present a safeguarding concern

When can a prohibited steps order be used?

When considering a Prohibited Steps Order, the court’s paramount concern is always the child’s best interests.
To assess whether a Prohibited Steps Order is appropriate, the court will refer to a welfare checklist outlined in the Children Act 1989, which includes factors such as the child’s:

• Emotional needs
• Age
• Background
• The potential impact of any proposed changes

Depending on the circumstances, the court may decide a different order is more suitable. For example, if a Child Arrangements Order  would more effectively safeguard the child’s welfare, the court will decline to issue a Prohibited Steps Order.

Who can a prohibited steps order apply to?

Anyone with parental responsibility can apply for a Prohibited Steps Order, which can include:

• Parents
• Guardians or special guardians
• Anyone named on a Child Arrangement Order as someone the child lives with

If you do not have parental responsibility, you may still apply for a Prohibited Steps Order if you believe the child is at risk of harm. However, you must first get the court’s permission to proceed with the application.

What are the advantages and disadvantages of a prohibited steps order?

A Prohibited Steps Order provides crucial legal protection in disputes concerning a child’s welfare. In situations involving immediate risk (e.g. potential abduction), a court can issue a Prohibited Steps Order quickly to prevent irreversible harm to a child.

While effective, Prohibited Steps Orders can intensify conflict between parents. The legal proceedings can be lengthy, emotionally draining, and add further strain to an already sensitive situation.

Family Law Experts

At Frettens, we understand that everyone’s circumstances are different.

Our bright & experienced Family Team would be happy to talk to you to gain a better understanding of your situation and provide more tailored advice and support.

We offer a free chat with one of our family lawyers for all new clients. You can call us on 01202 499255 or fill out the form at the top of this page to get in touch.