The Family Procedure (Amendment No. 2) Rules 2026
Updated the procedural framework for the Family Court to review and manage prohibited steps orders issued by the Crown Court.
These Rules amend the Family Procedure Rules 2010 to establish the practice and procedure for reviewing, varying, or discharging prohibited steps orders made by the Crown Court under the Children Act 1989.
They specify that the Family Court or High Court must handle these reviews and identify the necessary parties, including local authorities and persons with restricted parental responsibility.
The instrument applies to court officers, legal professionals, and parties involved in family law proceedings in England and Wales from 18 December 2026.
Arguments For
The rules implement procedural changes required by the Victims and Prisoners Act 2024, which introduced new powers under sections 10A and 10B of the Children Act 1989.
The instrument clarifies the status of prohibited steps order reviews by explicitly categorizing them as private law proceedings.
The document states that the amendments provide necessary clarity on who must be a party to these proceedings and who is responsible for serving application forms.
The Explanatory Note states that no significant impact on the private, voluntary, or public sector is foreseen, justifying the absence of a full impact assessment.
Arguments Against
Legal practitioners may face initial complexity in navigating the specific party requirements for different stages of a prohibited steps order's lifecycle (review vs. variation).
The requirement for the court to effect service for variation or discharge applications, unless otherwise directed, places an administrative duty on court officers that differs from the default for review applications.
The exclusion of review proceedings from certain existing procedural requirements under rule 12.16(1) may require specific attention from legal representatives to avoid procedural errors.
Citation, extent and commencement
- 1.-(1) These Rules may be cited as the Family Procedure (Amendment No. 2) Rules 2026.
- (2) These Rules extend to England and Wales.
- (3) These Rules come into force on 18th December 2026.
This section establishes the official title of the instrument and limits its legal jurisdiction to England and Wales.
It sets the commencement date for all changes as 18 December 2026.
Amendment of the Family Procedure Rules 2010
- The Family Procedure Rules 2010(2) are amended in accordance with rule 3 of these Rules.
This provision identifies the Family Procedure Rules 2010 as the primary legislation being modified.
It serves as the legal link for the specific amendments detailed in the subsequent section.
Amendment of Part 12
- 3.-(1) In rule 12.2 (interpretation), in the definition of "private law proceedings", in paragraph (a) after "a section 8 order" insert ", including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act(3),".
- (2) In rule 12.3 (who the parties are)-
- (a) in paragraph (1), in the table-
- (i) in the row beginning "A section 8 order", in the first column, after "A section 8 order" insert ", except where the application is one to which either of the next two rows of this table applies";
- (ii) after the row beginning "A section 8 order" insert the following rows-
| "The review of a prohibited steps order made by the Crown Court under section 10A(3) of the 1989 Act. | The relevant authority. | local | Every person whom the applicant believes to have parental responsibility for the child, including those for whom parental responsibility has been restricted under section 10A of the 1989 Act; where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order; and every person whom the applicant believes is caring for the child if that person is a relative of the | |---|---|---|---| | The variation or discharge of a prohibited steps order made by the Crown Court under section 10A(3) of the 1989 Act in cases where the original order made in the Crown Court has not yet been reviewed or varied by the High Court or the family court. | Any person who is entitled to apply for a section 8 order with respect to the child (section 10(4) to (7) of the 1989 Act) including a parent whose parental responsibility has been restricted under section 10A of the 1989 Act; or with the court's permission, any person (section 10(2)(b) of the 1989 Act). | | child. The relevant local authority; and every person whom the applicant believes to have parental responsibility for the child, including those for whom parental responsibility has been restricted under section 10A of the 1989 Act; where the child is the subject of a care order, every person whom the applicant believes to have had parental responsibility immediately prior to the |
| making of the care order; and every person whom the applicant believes is caring for the child if that person is a relative of the child."; | |---|
- (b) in paragraph (5)-
- (i) in the list entry beginning "care home"- (aa) after "local authority" insert ", relative"; (bb) for "Act." substitute "Act; and";
- (ii) after "Act; and" insert- ""relevant local authority" has the meaning assigned to it by section 10B(7) of the 1989 Act.".
- (3) In rule 12.8 (service)-
- (a) in paragraph (3) after "a local authority" insert "or proceedings for the review, variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act";
- (b) after paragraph 3 insert- "(3A) In proceedings for the variation or discharge of a prohibited steps order made under section 10A(3) of the 1989 Act, subject to rule 6.23A, service under paragraph (1) will be effected by the court officer, unless the court directs the applicant to do so.".
- (4) In rule 12.16(1)(a) after "section 8 order" insert ", excluding proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act".
- (5) In rule 12.19(1) after "a section 8 order" insert ", including proceedings for the review of a prohibited steps order made under section 10A(3) of the 1989 Act,".
This section updates the procedural rules for prohibited steps orders (PSOs), which are court orders preventing certain actions regarding a child.
It defines who must be included as applicants and respondents in cases where the Crown Court has issued a PSO that now requires review, variation, or discharge by the Family Court.
The rules clarify that for variations or discharges, the court officer is responsible for serving the application documents to the relevant parties unless a judge decides otherwise. It also ensures that individuals whose parental responsibility has been restricted under the Victims and Prisoners Act 2024 are still recognized as parties who must be notified of these proceedings.
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