This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to Prohibited Steps Orders in England and Wales: what they are, how they restrict parental decisions under the Children Act 1989, who can apply, how the family court process works, how courts assess welfare, enforcement and variation of orders, and practical steps for families dealing with disputes over parental responsibility.
When adults with parental responsibility for a child cannot agree on key decisions about that child's care or upbringing, the family courts in England and Wales can intervene. One important legal tool for managing disputes about parental decision‑making is the Prohibited Steps Order. This type of order restricts what actions a parent or carer may take in relation to their child without first obtaining the court's permission. Prohibited Steps Orders operate alongside other orders under Section 8 of the Children Act 1989, such as child arrangements orders and specific issue orders, and are designed primarily to protect the child's welfare by preventing unilateral or potentially harmful decisions.
This article explains what Prohibited Steps Orders are, when they are used, who can apply for them, how the legal process works, and what practical considerations individuals should be aware of. It includes step‑by‑step guidance on application procedures, relevant legal principles, and answers to common questions. The aim is to make this complex area of family law accessible while maintaining accuracy and clarity.
What Is a Prohibited Steps Order?
A Prohibited Steps Order is a legally binding Section 8 order under the Children Act 1989 that prohibits a person from taking specific actions relating to a child unless the court gives consent. The order identifies particular decisions or steps that cannot be taken and prevents any person – usually a parent – from carrying them out without approval.
In essence, the order restricts the exercise of parental responsibility in defined ways. Unlike a child arrangements order, which regulates where a child lives and how they spend time with adults, a prohibited steps order focuses on preventing specific decisions or actions. Examples include blocking relocation, stopping a proposed school change, or prohibiting travel with a child out of the jurisdiction.
Legal Basis and Purpose
Prohibited Steps Orders derive from Section 8(1) of the Children Act 1989, which allows the family court to make an order that no step which could be taken by a parent in meeting their parental responsibility shall be taken without the court's consent. The statute includes this provision as part of a suite of tools for resolving disputes concerning parental responsibility and children's care and upbringing.
The primary purpose of a prohibited steps order is to safeguard the child's welfare by preventing decisions that may be harmful, destabilising or contentious, especially where one parent is concerned that another may act unilaterally. Protecting welfare in each case remains the court's paramount consideration, and the statutory welfare checklist guides the decision‑making process.
Common Uses and Examples
Prohibited Steps Orders can be tailored to address many types of disputes about parental responsibility. Common situations in which they are applied include:
- Preventing removal of a child abroad or out of the local area. Where one parent fears the other may relocate a child without consent, a prohibited steps order can stop that step being taken.
- Restricting changes to the child's education. An order may prevent a parent from enrolling the child in a different school without agreement.
- Stopping a change of name. A parent may be barred from changing the child's surname without court approval.
- Limiting movement within the UK. Orders can prevent a parent from moving with the child to another area if it would materially affect the other parent's contact rights.
Prohibited Steps Orders are precise in nature: they address specific activities rather than broad parental responsibility rights. They cannot be used to regulate matters already covered by existing child arrangements orders or in ways that another type of order could achieve equally.
Who Can Apply for a Prohibited Steps Order?
Applications for Prohibited Steps Orders are typically made by:
- Parents with parental responsibility.
- Individuals who have parental responsibility through other means, such as legal guardians or carers named in a child arrangements order.
- In some cases, those with permission from the court to apply where they do not automatically hold parental responsibility.
Applications cannot usually be made for children aged 16 or over, as parental responsibility restrictions do not apply once the child reaches legal adulthood.
Pre‑Application Steps
Mediation
Before making a non‑urgent application, applicants are usually expected to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether the dispute can be resolved without court intervention. Mediation is aimed at reducing conflict and reaching agreements that better serve the child's interests. In cases involving domestic abuse, risk of harm, or urgent threats (such as imminent removal), the MIAM requirement may be waived.
Applying to Court
Completing the Application
To commence proceedings, applicants must complete Form C100, the standard family court application form for Section 8 orders, and clearly outline the steps they seek to prohibit and why. Supporting evidence is essential and may include correspondence, risk assessments or statements explaining why the restriction is needed to protect the child's welfare.
Notice and Urgent Orders
Applications are normally made on notice to the other party, giving them the opportunity to respond. However, if a child is at immediate risk – for example, of being taken abroad – the court can consider without notice applications. These are urgent and may result in interim prohibited steps orders before the respondent is aware of proceedings.
Hearings and Evidence
At the first hearing, the judge or legal adviser will consider whether the issue might be resolved by agreement. If not, the court may give directions for evidence, involve a Children and Family Court Advisory and Support Service (CAFCASS) officer to assess welfare considerations, and schedule further hearings. The court's decision ultimately balances the proposed restriction with what will best protect the child's interests.
Court Considerations
When deciding whether to make a Prohibited Steps Order, the court has regard to the statutory welfare checklist, which includes factors such as:
- The child's wishes and feelings, relative to their age and understanding.
- The child's physical, emotional and educational needs.
- The likely impact of any changes or restrictions.
- Any harm the child has suffered or is at risk of suffering.
- The capacity of each parent to meet the child's needs.
The court will only grant a prohibition if it is satisfied that doing so is better for the child than making no order. The principle that “delay is presumed to be prejudicial” may also be considered where prompt action is required.
Enforcement and Compliance
Once in place, a Prohibited Steps Order is legally binding. Failure to comply with its terms can constitute contempt of court, which potentially carries serious consequences, including fines or, in extreme cases, imprisonment. This underscores the importance of strictly observing any restrictions in the order.
If circumstances change, interested parties may apply to vary or discharge the order, provided they can show new evidence or a change in the child's needs. The court applies the same welfare principles when considering variation.
Common Questions
Can a prohibited steps order restrict movement within the UK?
Yes. An order can specify that a parent cannot remove a child from a particular geographic area if such a step would undermine shared care arrangements or harm the child's stability.
How long does a prohibited steps order last?
The duration is set by the court and may be temporary or until further order, but it cannot extend beyond the child's 18th birthday.
Is legal representation necessary?
You can apply without a solicitor, but legal advice is recommended due to the complexity and potential consequences of these applications. Representation can help tailor evidence and submissions to the court's welfare framework.
Key Takeaways
A Prohibited Steps Order is a precise legal instrument under Section 8 of the Children Act 1989 that restricts specific parental actions affecting a child's life without prior court consent. It is used where there is a real concern that a parent or guardian may take decisive steps that could adversely affect the child's welfare, such as relocating abroad, changing schools, or altering the child's identity. The order requires a carefully prepared application supported by evidence and follows statutory procedures, including mediation and court hearings driven by the child's welfare as the paramount consideration. Understanding how prohibited steps orders operate, when they are necessary, and how they are enforced can help parents and carers navigate disputes over parental responsibility and protect the best interests of the child.
