A Prohibited Steps Order (PSO) is an order of the court providing that certain action cannot be taken by a parent in meeting their parental responsibility (PR) for a child, without express permission of the court. In broad terms, the exercise of PR relates to any decisions that are made concerning the welfare, development and upbringing of a child.
Essentially, a PSO restricts the exercise of PR and forbids a person from taking certain steps, such as:
- Removing a child from your care or other approved care giver;
- Taking a child out of the United Kingdom;
- Prohibiting a child being moved to another location within the United Kingdom;
- Removing a child from their school;
- Bringing a child into contact with certain people;
- Changing a child’s name or surname;
- Making decisions in respect of a child’s medical treatment, etc.
In an emergency, you can apply to the court for an urgent PSO.
A court can make a PSO during the course of ongoing family proceedings, in conjunction with another court application (such as a ‘child arrangements order’ providing for a child to live with you) or as a free-standing application.
Any parent, person with PR or guardian in respect of a child can make an application for a PSO with the required court fee of £215. The person applying may not have to pay the court fee, or may get some money off, subject to an assessment of their means, for example if you have no or limited savings, if you are in receipt of certain benefits or if you are on a low income. You can find out more about applying for help with court fees here.
Before making an application to the court, it is a requirement that you attend a Mediation Information and Assessment meeting (MIAM), unless you qualify for an exemption from attending (which will often be the case in urgent cases). After making an application to the court, a Children and Family Court Advisory and Support Service (CAFCASS) officer will be appointed. CAFCASS will meet with the parties to see if agreement can be reached and prepare a letter to the court setting out the outcome of initial safeguarding checks undertaken as to any potential welfare issues and their recommendations going forward. If welfare issues are highlighted and/or if no agreement can be reached, the court may ask CAFCASS to investigate further and prepare a report to the Court with their recommendations. This will be considered carefully and given significant weight by the court in making a decision.
In an emergency, you can apply to the court for an urgent PSO without the other person being given notice of the hearing. In this case, the court may make a temporary or interim PSO and arrange for there to be another hearing when the other person can attend and put their case forward. This will also allow opportunity for the CAFCASS initial safeguarding enquires to be made.
On considering whether or not a PSO should be made, the court’s paramount consideration will be the welfare of the child. In cases where the other party contests the application, the court must have regard to the ‘welfare checklist’, which is a list of 7 criteria which must be considered before a decision is made:
(a)the ascertainable wishes and feelings of the child;
(b)the child’s physical, emotional and educational needs;
(c)the likely effect on the child of any change in their circumstances;
(d)the child’s age, sex, background and any characteristics which the court considers relevant;
(e)any harm which the child has suffered or is at risk of suffering;
(f)how capable each parent, and any other person in relation to whom the court considers to be relevant, is of meeting the child’s needs;
(g)the range of powers available to the court in the proceedings.
In addition, the court must have regard as to whether any delay in making in a PSO will be prejudicial to a child and it must be satisfied that in the circumstances, making a PSO would be better for a child than making no order at all. In the event the court decides that a PSO is required, consideration will always be given to the duration of the order and in some cases, an order can be made to last indefinitely.
In cases where there is a genuine fear and evidence that someone may take certain action in respect of a child which you would not agree with, you may require the intervention of the court and it is important to seek urgent legal advice.
Posted on June 9, 2018