What is a Specific Issue Order and a Prohibited Steps Order?

A Specific Issue Order and a Prohibited Steps Order are Orders made by the Court within Section 8 of the Children Act 1989 Proceedings.

A Specific Issue Order can help parents resolve a disagreement they may have on a particular matter. Examples of matters that this Order can assist with include what school the child will attend, medical treatments (e.g., vaccines) that the child will receive, and the religion or belief system that the child will be raised in.

A Prohibited Steps Order is a legal injunction, made by the Court, that prohibits one parent from doing something. Examples of the same include prohibiting one parent from removing the child from their school, the jurisdiction of England and Wales, or from the care of someone whom the other parent has entrusted.

What is the difference between a Specific Issue Order and a Prohibited Steps Order?

A Specific Issue Order is sought by one parent when they would like the Court to determine the answer to a matter, on which the parents cannot agree. For example, one parent would like the child to attend X school, whilst the other would like the child to attend Y school.

A Prohibited Steps Order is sought by one parent when they would like the Court to prevent the other parent from taking unilateral action involving a child.

How long do a Specific Issue Order and a Prohibited Steps Order last?

Usually, a Prohibitive Steps Order has an end date (it can be temporary or permanent). For example, a year, until the end of the proceedings or until further order. Otherwise, the order will be in place until the child turns 16 or 18 years of age.

Usually, a Specific Issue Order is in place until the specific issue has been resolved. For example, if it is in respect of the court determining what primary school the child should attend until that child finishes primary school or until further order. Alternatively, until the child reaches 16 or 18 years of age.

How do I apply for a Specific Issue Order and a Prohibited Steps Order?

If parents cannot agree, the first option would be to attend mediation. Mediation would allow an independent professionally trained mediator to assist you both in deciding arrangements for the child. However, mediation may not always be appropriate for example, domestic violence within the relationship, or it may simply not be an effective method for the parents. However, a mediation agreement is not legally binding.

Therefore, a parent may feel it necessary to seek the assistance of the Court. In this instance, the parent would complete a C100 Application (which may be supported by a C1A Application if appropriate) in respect of a Specific Issue Order or a Prohibited Steps Order. Further information on applying for Child arrangement orders can be found in this blog.

What does the Court consider when making an Order?

For a Prohibited Steps Order, the court will be considering whether there is a risk of abduction, whether immediate harm needs to be prevented or whether there has been unreliable or irresponsible behaviour. It is a protective measure for the child.

For both a Prohibited Steps and Specific Issue Order, the Court must consider the statutory checklist contained within section 1(3) of the Children Act 1989 which states that the Court shall have particular regard to –

1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
2. His physical, emotional and educational needs;
3. The likely effect on him of any changes in his circumstances;
4. His age, sex, background and any characteristics of his which the court considers relevant;
5. Any harm which he has suffered or is at risk of suffering;
6. How capable each of his parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting his needs; and
7. The range of powers available to the Court under this Act in the proceedings in question.

In order to complete the welfare checklist, the court may require evidence to be filed and served by each parent and an independent third party.

If you need further legal advice on a Specific Issue Order and a Prohibited Steps Order, please do not hesitate to contact our Family Team at info@brethertons.co.uk or call 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office), or 01242 472747 (Cheltenham).