When separated parents or guardians cannot agree on a key decision about a child’s upbringing, the UK family courts offer a focused solution: the Specific Issue Order (SIO).
What Is a Specific Issue Order?
A Specific Issue Order, issued under Section 8 of the Children Act 1989, is a legal tool used to resolve a particular matter concerning a child’s upbringing when those with Parental Responsibility (PR) cannot agree.
These orders are designed to address specific disputes, such as:
- Which school a child should attend
- Whether a child should undergo a medical procedure or receive immunisations
- Decisions around religious education or upbringing
The court’s primary consideration is always the child’s welfare, aiming to make a decision that serves their best interests.
A Specific Issue Order is a targeted order not for general parenting arrangements, but for resolving a single, significant dispute.
Specific Issue Order vs. Prohibited Steps Order
It’s important not to confuse a Specific Issue Order with a Prohibited Steps Order.
- A Specific Issue Order authorises a particular action regarding a child’s upbringing.
- A Prohibited Steps Order prevents someone from taking a specific action without consent.
For Examples a Specific Issue Order might be used to request permission to change a child’s school or name. whereas a Prohibited Steps Order could be used to stop a parent from moving a child abroad or changing their name without agreement.
For more on Prohibited Steps Orders, see our here
Who Can Apply for a Specific Issue Order?
To apply, you typically need to have Parental Responsibility. However, others with a significant role in the child’s life may apply with court permission.
Eligible applicants can include:
- Biological parents
- Legal guardians
- Step-parents (with PR)
- Individuals named in a Child Arrangements Order
How Does the Process Work?
The process for this application is similar to that in a Child Arrangements application
- Attend a MIAM (Mediation Information and Assessment Meeting) — unless exempt
- Complete Form C100 — outlining the issue and your position
- Submit to Family Court — with supporting evidence
- Court Hearings — including safeguarding checks and possible CAFCASS reports
- Final Decision — issued as a legally binding order
Mediation Information and Assessment Meeting (MIAM)
Before applying to court, attending a MIAM is a legal requirement (unless exempt).
This meeting, held in person or online, is with an authorised family mediator.
Learn more about MIAMs here
Court Hearings & Safeguarding Checks
After filing the application, the court usually schedules a First Hearing Dispute Resolution Appointment (FHDRA) within 5–6 weeks. However, we have experienced delays of many months, as the court system is struggling with a backlog of cases. If the issue is urgent, emergency applications can be made for an earlier listing.
Before the first hearing, a Children and Family Court Advisory and Support Service (CAFCASS) officer conducts safeguarding checks by speaking with all parties with Parental Responsibility and making enquiries with police, social services, schools, or GPs
If agreement isn’t reached at the FHDRA, the court may list a Dispute Resolution Appointment (DRA), followed by a final hearing if needed.
The Court’s Decision
The court considers each case thoroughly and is guided by the welfare checklist in the Children Act 1989, which includes:
- The child’s wishes and feelings (based on age and understanding)
- Physical, emotional, and educational needs
- Risk of harm
- Parental capabilities
- Impact of any changes
Depending on complexity and court schedules, the process can take several weeks to months. In urgent situations this can be pushed forwards, but is unlikely to be concluded within six months, unless the parents reach an agreement outside of court.
How long does it last?
Most Specific Issue Orders last until the child turns 16, though some may extend to 18 in exceptional cases. A breach of the order can lead to legal consequences.
An application can be made to vary the order if circumstances significantly shift.
If you’re facing a standstill over a decision that affects your child, this order might be the key to moving forward.
Please get in touch with someone on our team for a free 10 minute consultation to see whether we can assist.
Can we help you? Please call us on 0333 344 6302 or contact us through our enquiry form. All initial enquiries are free and without obligation.
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