Prohibited steps orders

Prohibited steps orders

A prohibited steps order may be made under section 8 of the Children Act 1989 (ChA 1989). It is an order that provides that no step that could be taken by a parent in meeting their parental responsibility for a child, and that is of a kind specified in the order, shall be taken by any person without the consent of the court. A prohibited steps order is concerned with a single specific issue and imposes a restriction, for example, on changing a child's surname, removing a child from the UK (where there is no child arrangements order (CAO) in force) or in connection with the medical treatment of a child.

See Practice Note: Prohibited steps orders.

When considering an application for a prohibited steps order the child's welfare will be the court's paramount consideration and it will have regard to the statutory checklist. The court will also have to be satisfied that it would be better for the child to make an order than not.

See Practice Notes: Private children—paramountcy of the child's welfare and The statutory checklist.

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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