Family Presiding Judge provides list of considerations relevant to applications to deprive young people of liberty in unregulated placements

In January 2023, the then President of the Family Division, Sir Andrew McFarlane, highlighted the “very substantial deficit” that exists nationally in the provision of facilities for the secure accommodation of children.

He said: “There are a number, and it is, sadly, an increasing number, of children and young people under the age of 18 years whose welfare and behaviour requires that they be looked after within a secure regime which restricts their liberty. These specialist units are limited in number and, at present, the number of secure beds is far out-stripped by the number of vulnerable young people who need to be placed in them.”

Three years later in January 2026, a report by the Public Accounts Committee warned that hundreds of vulnerable children continue to be placed in unregistered homes for months at a time.

In light of the present situation, Ms Justice Henke has now urged judges to consider the following when determining an application for a deprivation of liberty order in relation to an unregulated placement:

• Evidence that planning permission has been obtained for the premise to operate as a children's home.

• Evidence of the placement provider actively progressing Ofsted registration

• Requiring the Children's Guardian to visit the placement itself and thereafter considering the evidence of their observations upon it.

• Requiring the local authority to establish a regular scheme of visits to the placement, preferably weekly although individual circumstances may require a different regime of visiting.

• Requiring a senior member of the local authority leadership team to have regular oversight of the placement given its unregulated status.

• Requiring the local authority to commit to regular communication with the child or young person who is to be placed and to ensure that they visit that child or young person (in person or virtually) at least once a week and that the child or young person is seen during those visits and spoken to alone (in the absence of any member of staff).

Concluding the letter, she said: "I am grateful to you all for your hard work and dedication to ensuring that the children and young people who are the subject of an application for the Deprivation of Liberty are kept safe and orders are only made when it is in their best interests to do so."