Number of applications to deprive children of their liberty in unregulated placements rises by 462% in three years: research

The number of applications to the High Court to deprive children of their liberty in unregulated settings when a place cannot be found for them elsewhere, has increased by 462% over three years, according to research by the Nuffield Family Justice Observatory.

The NFJO said that in 2020, just one in two children referred for a place in a secure children’s home for welfare reasons were found one (420 referrals vs 209 placements). 

In the three years to 2020/21 the number of applications made to the High Court to deprive children of their liberty under the inherent jurisdiction increased from 108 to 579 per year, it added.

In 2020/21 these applications outnumbered applications under s.25 of the Children Act 1989 (for places in secure children’s homes) for the first time.

The NFJO said: “Unlike children held in other settings, children deprived of their liberty under the inherent jurisdiction don’t appear in published administrative data or records. This is a major cause for concern as there is no public record of where they are placed, what restrictions are placed on their liberty, or their outcomes.”

It added that the evidence review also highlighted that there were marked similarities in the early life experiences and needs of children deprived of their liberty for welfare and youth justice reasons.

“Children entering both welfare and youth justice secure settings are likely to have experienced trauma and disadvantage from early childhood, and these experiences are likely to lead to difficulties and risks arising from mental health problems, such as challenging and offending behaviours, substance misuse, self-harm, educational needs, and risk of sexual and criminal exploitation,” the NFJO said.

Lisa Harker, director of Nuffield Family Justice Observatory, said: “Something is clearly not working. The use of the inherent jurisdiction of the High Court is intended as a last resort, yet last year hundreds of children were deprived of their liberty in this way, often ending up in caravans or holiday lets without the properly regulated care they so desperately need.

“These are the most vulnerable children in our society, but at this point they simply disappear from view, with no data recording what happens to them.

“We need an urgent rethink about how we improve the lives of the most vulnerable children in our society, and to be clear about the purpose of depriving young people of their liberty.”