A prohibited steps order stops a parent taking a specific action affecting a child, while a specific issue order asks the court to decide a particular disputed question about their upbringing.
A prohibited steps order and a specific issue order are both made under section 8 of the Children Act 1989, and both deal with a single specific disagreement about a child's upbringing, rather than the overall living and contact arrangements a child arrangements order covers. A prohibited steps order stops a parent taking a particular action without the court's permission. A specific issue order asks the court to decide a particular disputed question, such as which school a child should attend.
A prohibited steps order (PSO) prevents a parent, or anyone else with parental responsibility, from taking a specific step relating to the child without first getting the court's permission. It restricts a particular action rather than removing parental responsibility altogether. Common examples include preventing a parent from:
A PSO cannot be used to exclude a parent from the family home, and it cannot be used as a backdoor way of controlling how much time a child spends with each parent if a child arrangements order already covers that — see Section 9(5) of the Children Act 1989. It also cannot be made once a child turns 16, except in exceptional circumstances.
A specific issue order (SIO) asks the court to resolve one particular question about a child's upbringing where the people with parental responsibility can't agree. It doesn't restrict an action — it settles a specific dispute so both parties know what happens next. Common examples include disputes about:
Think of it this way: a specific issue order tells everyone what will happen. A prohibited steps order tells everyone what must not happen. If one parent wants to take a two-week holiday abroad and the other objects, the parent wanting to travel might apply for a specific issue order asking the court to permit it. The parent objecting, worried the child might not be returned, might instead apply for a prohibited steps order to prevent the trip. The court can consider both applications together and decide whichever order best serves the child's welfare, regardless of which one was originally applied for.
If the situation is genuinely urgent — for example, a real risk a parent will remove the child from the country imminently — the court can make an order "without notice" (also called ex parte), meaning it's granted before the other parent is even told about the application. These urgent, without-notice orders are only made in exceptional circumstances, and the other parent still gets an opportunity to challenge it at a return hearing shortly afterwards.
As with all decisions about a child's upbringing, the court's paramount consideration is the child's welfare, assessed against the welfare checklist in the Children Act 1989. The court also applies the "no order" principle — it won't make an order at all unless doing so is genuinely better for the child than making no order. This means the court will consider whether the disagreement can realistically be resolved without formal court intervention before making either type of order.
Failing to comply with a prohibited steps order or a specific issue order is contempt of court. The other parent can apply to enforce it, and consequences can include fines, and in serious or repeated cases, imprisonment. Where relevant, the court will usually also consider making a further order to address the underlying issue — for example, a specific issue order to reverse a step taken in breach of a prohibited steps order.
Working out which of these orders fits your situation, and preparing a clear application explaining why it matters for your child, is genuinely difficult without help. Access to Justice is built for exactly this — it explains what each order actually does and helps you prepare. Try it free.
Can I apply for a prohibited steps order without a solicitor?
Yes, you can complete and file the C100 form yourself as a litigant in person, though understanding which type of order actually fits your situation is worth getting right before you apply. You'll also usually need to attend a MIAM first, unless an exemption such as genuine urgency or evidence of domestic abuse applies.
Do I need to attend a MIAM before applying for either order?
Usually yes, unless an exemption applies, such as genuine urgency or evidence of domestic abuse. The same MIAM requirement applies as for a standard child arrangements order application. If the situation is genuinely urgent, the court can also make an order without notice to the other parent in exceptional cases.
Can both a prohibited steps order and a specific issue order be made in the same case?
Yes, the court can make either or both, or convert one type of application into the other, depending on what it decides best serves the child's welfare. For example, where one parent applies to permit a trip abroad and the other applies to prevent it, the court considers both together.
Is a prohibited steps order the same as an occupation order?
No. A prohibited steps order deals with a parent's exercise of parental responsibility over a specific decision. An occupation order deals with who can live in the family home and is typically used in domestic abuse situations — see our guide on what is an occupation order.
Can a prohibited steps order stop my ex moving to a different part of the UK with our child?
Potentially, yes — this is one of the more common uses of a PSO, particularly where there's a risk the move would happen before the court has had a chance to consider it properly. The court's paramount consideration is still the child's welfare, assessed against the welfare checklist in the Children Act 1989.
How quickly can I get an urgent prohibited steps order?
In genuinely urgent cases involving a real risk of harm or abduction, the court can act very quickly, including making an order without notice to the other parent. This is the exception rather than the norm, and requires clear evidence of urgency.
Does making one of these orders affect the existing child arrangements order?
Not automatically. These orders address a specific, separate issue and don't replace or override an existing child arrangements order dealing with where the child lives and spends time, unless the court decides otherwise. A prohibited steps order cannot be used as a backdoor way of changing how much time a child spends with each parent.
This article provides legal information about prohibited steps orders and specific issue orders in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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