What is the difference between a Prohibited Steps Order and a Specific Issue Order?
Summary
- Prohibited Steps Orders and Specific Issue Orders are section 8 Children Act orders used when people with parental responsibility cannot agree on important decisions about a child.
- A Specific Issue Order asks the court to decide a particular question, such as schooling, medical treatment or relocation.
- A Prohibited Steps Order asks the court to stop a parent from taking a step, such as changing a child’s surname or removing a child from the country.
- The court applies the same test to both. The child’s welfare is paramount and assessed using the statutory welfare checklist.
- Most applications are made on form C100 and follow the MIAM process, although urgent Prohibited Steps Orders can be made when there is a risk of harm or abduction.
Under the Children Act 1989, a Prohibited Steps Order prevents a person with parental responsibility from taking a specific action. A Specific Issue Order compels a person with parental responsibility to do something.
Parents usually make day-to-day decisions without trouble. Parental responsibility gives them the authority to make choices about a child’s life, and most decisions are reached through discussion and compromise.
Some decisions carry far more weight. A change of school, a major medical decision or the possibility of a move abroad can create profound disagreement. When talks break down, the court can step in and may issue a Specific Issue Order or a Prohibited Steps Order, depending on the situation.
What are the Court’s powers under section 8 of the Children Act 1989?
Section 8 of the Children Act 1989 includes provisions for Specific Issue Orders, Prohibited Steps Orders and Child Arrangements Orders. These orders support families who cannot resolve disputes about children.
Parents, guardians and others with or seeking parental responsibility can apply. Most people must attend a Mediation Information and Assessment Meeting before making an application unless an exemption applies. As with all family law matters involving children, the welfare of the child is the court’s paramount consideration when making decisions.
What is a Specific Issue Order?
A Specific Issue Order decides on a defined question about a child’s upbringing. It is used when parents cannot reach an agreement and need the court to make the decision.
Typical examples include deciding which school a child should attend, whether they should receive a vaccination or medical treatment, how they should be raised in a particular faith, or whether they can travel or relocate to another part of the country or abroad.
Once made, the order authorises the step it describes. Everyone with parental responsibility must follow it, even if they disagree with the outcome.
What is a Prohibited Steps Order?
A Prohibited Steps Order prevents someone with parental responsibility from taking a specific step without the court’s permission. It restricts the exercise of parental responsibility because the court considers that the proposed step would not serve the child’s welfare.
Typical uses include stopping a parent from changing a child’s surname, preventing a sudden move out of the area, blocking an attempted change of school or stopping travel abroad. These orders can also prevent contact with a particular person when there is a safety concern.
Many applications are urgent. If a parent fears an imminent risk of abduction or a unilateral decision that could affect the child, the court can act quickly.
What are the key differences between SIOs and PSOs?
The difference between the two orders lies in direction. A Specific Issue Order tells everyone what will happen. A Prohibited Steps Order tells everyone what must not happen.
Imagine one parent wants to take a child abroad for a two-week holiday. The parent seeking permission might apply for a Specific Issue Order. The other parent, worried the child may not return, could apply for a Prohibited Steps Order. Both applications can be considered together, and the court will make the order that is in the child’s best interests.
Both tools can feature in the same proceedings. The court has broad discretion to reshape the application if another type of order is more suitable.
What is the welfare checklist?
The child’s welfare is the court’s paramount concern. Section 1 of the Children Act sets out the welfare checklist, which guides every decision.
The checklist covers the child’s wishes and feelings, their physical, emotional, and educational needs, the effects of change, their age and background, the potential for harm, the capabilities of each parent, and the range of orders the court can make. These factors apply whether the issue is relocation, medical care or risk of abduction.
Cafcass may investigate the situation, speak to the parents and sometimes the child, and provide recommendations to the court.
What is the procedure for a Specific Issue Order or a Prohibited Steps Order?
Most applications start with a MIAM. If mediation is unsuitable or unsuccessful, the applicant completes form C100 and explains the order they are seeking. Evidence is crucial. Documents such as school reports, medical correspondence, police reports, travel plans and messages between the parents can support the application.
Cases usually begin with a First Hearing Dispute Resolution Appointment, where the court identifies the issues and whether more evidence or reports are needed.
Some Prohibited Steps Orders need urgent attention. If a parent believes the child is at immediate risk of harm or abduction, the court can make an order without notice to the other parent. A further hearing follows shortly after, so both sides can be heard.
What are some practical examples of a Specific Issue Order or Prohibited Steps Order application?
Disputes about schooling are common. If parents disagree between two schools, one may ask the court to choose through a Specific Issue Order. A Prohibited Steps Order may be used if one parent tries to move the child without agreement.
Relocation cases also raise questions. A parent who wants to move within England and Wales might seek a Specific Issue Order if the move is disputed. If the other parent fears an unannounced move far away, they might seek a Prohibited Steps Order to keep the child within the local area until the court makes a final decision.
Concerns over a change of surname can lead to a Prohibited Steps Order preventing the change. Issues involving faith or major medical treatment often fall under a Specific Issue Order. In some cases, both orders may be discussed together to reach a solution that protects the child’s welfare.
How long does a Specific Issue Order or a Prohibited Steps Order last?
Most orders last until a date set by the court or until the child turns 16. In some situations, an order may run until 18. If circumstances change, either parent can apply to vary or discharge the order by using form C100. They must show how the change affects the child.
What happens if a Specific Issue Order or a Prohibited Steps Order is breached?
Breaching an order is serious. The court can enforce it through fines, activity requirements, community orders, or, in severe cases, by changing the child’s residence. The goal is to protect the child, not to punish a parent, but the consequences can be significant.
Final words
Specific Issue Orders and Prohibited Steps Orders exist to provide certainty and protect children when adults cannot agree. They guide difficult situations with clarity and structure. A Specific Issue Order can unlock a stalled decision. A Prohibited Steps Order can prevent a harmful or hasty step.
Anyone considering either order should seek early legal advice. Mediation can help where it is safe and appropriate. The focus should always remain on what arrangement genuinely supports the child’s wellbeing.
FAQs
Who can apply for a Specific Issue Order or Prohibited Steps Order, and do I need parental responsibility to do so?
Parents, guardians and others with parental responsibility can apply. Others can apply with the court’s permission.
Can I apply for a Prohibited Steps Order urgently if I think my child may be taken abroad without my consent?
Yes. The court can act quickly where there is a credible risk of abduction.
How long do these orders last, and can they be changed if our circumstances change?
Most last until a set date or until the child turns 16. They can be varied or discharged if circumstances change.
What happens if the other parent ignores a Specific Issue Order or Prohibited Steps Order?
You can apply to enforce the order. The court has the power to impose penalties or vary the arrangements.
Do I have to try mediation before applying for one of these orders, and are there any exemptions?
Most applicants must attend a MIAM, though exemptions apply in cases of safety concerns or urgency.
If you have any questions regarding this article, please call our office today on 02476 231000 or emailenquiries@askewslegal.co
