Today’s report, “Children with complex needs who are deprived of liberty” is available here. Top lines:
- New research reveals full scale of challenges facing children deprived of their liberty by courts
- Children’s basic rights being ignored in a system that puts profit-making above protection
- No child should be placed illegally, Commissioner warns, calling for a strengthened law that gives them a say in decisions affecting their care
- Commissioner calls for far greater investment in safe, loving homes and an end to profit-making in the sector – as Government prepares to unveil plans to reform children’s social care
Children in England can be deprived of their liberty in secure settings, specifically custodial settings (for youth justice reasons), secure children’s homes (for welfare reasons) and mental health units (for assessment and treatment).
A deprivation of liberty can also occur in other settings, such as the child’s home, a children’s home, or residential school, but the Children Act 1989 does not have provision for a child to be deprived of liberty other than in a secure setting.
Stronger protections are needed for children being deprived of their liberty and contained, out of the community, often in isolation and surrounded by adults acting security guards.
The report by the Children’s Commissioner Dame Rachel de Souza reveals the extent of the challenges facing children under Deprivation of Liberty orders, who are often in care, have severe and complex disabilities, and many of whom have faced trauma, neglect or mental illness.
Based on interviews by the Children’s Commissioner’s office with 15 children placed on Deprivation of Liberty orders by High Court judges, the research reflects the shared experiences of children living under these restrictions – and, crucially, the missed opportunities to give them a voice in the decisions affecting them.
It also demonstrates the lack of clear guidance in making these restrictive decisions, with children interviewed for this report placed in locations including a caravan, a hospital and an Airbnb.
Children’s Commissioner for England Dame Rachel de Souza said:
“As Children’s Commissioner I want every child to grow up safe, happy, healthy and engaged in their communities and in their education.
For children under Deprivation of Liberty orders, these basic rights are too often being ignored in a system that puts profit-making above protection and allows decisions to be dictated by local resources.
Depriving a child of their liberty is one of the most significant interventions the state can make in a child’s life. My new report tells these children’s stories, revealing a stark failure of the children’s social care system. They are enduring things no child should ever have to: contained, often in isolation, in illegal children’s homes, without the opportunity for their voices to be heard.
The children living in the care system today need urgent and bold change – no more strategies, no more debates. We need to strengthen the law so that children have a say in the decisions affecting their lives, and radical investment in new and safe places for them to live.”
Children experience a deprivation of liberty when restrictions are imposed on their freedom that go beyond what would normally be expected for a child of their age, often without valid consent and requiring the intervention of a judge. They are placed under constant supervision which prevents them from leaving their accommodation at will, denied phone and internet access, and restrained by professionals when this is deemed necessary.
Many of the children under deprivation of liberty orders have faced and these varying factors can often contribute to the complex behaviours that may prompt restrictions on their freedoms.
There has been a sharp rise in the number of children deprived of their liberty, with data from Cafcass indicating the number of applications to the court for these orders having more than doubled between 2020/21 and the end of June 2023.
Every child’s story is unique, but the Commissioner’s report found a number of key themes:
- Lack of stable support: All children had experienced significant instability and had struggled to get the support they needed before a deprivation of liberty order was put in place.
- Limited say in decision making: Most children felt there were limited opportunities to have their voices heard and to be involved in decisions about their lives, while living under the deprivation order.
- Restrictive living conditions: Children were unhappy with the conditions associated with their deprivation of liberty order and found it particularly difficult when they did not have a clear plan for stepping down the restrictions.
- Educational and social setbacks: The deprivation of liberty order had a detrimental impact on children’s education; most were out of school and receiving a limited curriculum. Most children were in solo placements and felt socially isolated.
- Inconsistent mental health support: While some children were receiving therapeutic input, many felt their mental health needs had never been fully addressed.
The Children’s Commissioner has long held concerns about the circumstances of children deprived of their liberty, intervening in cases through her advice and support service, Help at Hand, to advocate for children and intervene in cases where their rights are not being upheld.
The research being published today was commissioned through the Commissioner’s work with a government taskforce, created to consider alternative models of integrated care. The commission focused on investigating and reflecting the experiences of children who have been subject to Deprivation of Liberty orders, and ensuring their voices are kept central to plans and reforms going forward.
The report published today, Children with complex needs who are deprived of liberty, comes as the Government prepared to set out plans to reform children’s social care which will form the upcoming Children’s Wellbeing Bill.
It makes the following recommendations, based on the shared experiences and testimonies of children who have lived under these court orders:
- Far fewer children should be deprived of their liberty – but in the small number of cases where it is necessary to, this should never be in an illegal children’s home.
- A strengthened law, via an effective legal framework and guidance that:
- gives clarity and transparency on decisions to restrict liberty;
- gives children a stronger voice in the process and allows them to share their views with the judge in a way that is comfortable for them;
- sets out the steps local authorities should take before depriving a child of their liberty; and
- provides oversight from a judge and ensures decisions are reviewed every three months.
- Radical investment in creating new and safe places for children to live in registered children’s homes which can provide safe accommodation and therapeutic support for children living with trauma and at risk of harm. A shortage of accommodation should never be a reason for depriving liberty; and
- An end to profiteering in children’s social care – for a system that is guided by the same principles of quality, opportunity and safety as in the education system.
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