Children subject to deprivation of liberty orders are subject to “severe restrictions”, researchers find
An overview of the legal outcomes of deprivation of liberty (DoL) applications has found that children subject to DoL orders are subject to “severe restrictions on their liberty” for “significant periods of time”.
The Nuffield Family Justice Observatory (NFJO) study, published on 21 June, relates to 113 cases of children who were subject to applications for DoL orders between 4 July and 31 August 2022.
The NFJO found that the type of restrictions on children’s liberty authorised by the national DoL court were “severe”. The report notes: “each child was subject to an average of 6 different types of restrictions, including in almost all cases constant supervision, often by multiple adults (99.0% of cases)”.
The use of restraint was permitted in over two-thirds of cases (69.4%), and restrictions were “rarely relaxed” over the study period (7 cases, 9.2%), the report noted.
The NFJO noted that this “calls into question the purpose of DoL orders to facilitate meaningful change in children’s circumstances and long-term outcomes”.
The study found that in the majority of the 113 cases (92.0%, 104 cases), the application for a DoL order was granted. In the other 9 cases (8.0%), the application was withdrawn at or before the first hearing.
Analysing the reasons for this, the NFJO said: “Mainly, this was because a DoL was no longer thought necessary but, in some cases, the local authority was directed to apply to the Court of Protection due to the child’s age, or a secure accommodation order was made to place the child in a secure children’s home.”
The study found that the average distance that children were placed away from home while subject to a DoL order was 56.3 miles. Furthermore, in 53.8% of cases, children were placed in at least one unregistered placement during the study period.
On this, the NFJO said: “This highlights the urgent need to develop more suitable, local placements for children with complex needs.”
The report raised concerns about children’s opportunities to “formally participate and have their voices heard in DoL proceedings”. The study found that just 10 (9.6%) children attended at least one hearing in their case, 5 (4.8%) spoke to the judge directly before the hearing, and 6 (5.8%) had written to the judge to share their views.
Finally, the study revealed that in just 12 of the 113 cases, parents and/or carers were legally represented for at least one hearing. The NFJO said: “Our report confirms that most parents or carers do not have legal representation. Given the nature of DoL cases, and the severity of intervention in family life being considered by the court, it is hard to understand how this position is justified and there is an urgent need to review it.”
Responding to the NFJO’s report, Caroline Lynch, Family Rights Group’s principal legal adviser said: “This new report brings further welcome focus to the significant difficulty parents have in accessing legal aid where deprivation of liberty orders are sought. In only 11.5% of the cases reviewed by NFJO were parents or carers legally represented for at least one hearing. This means many parents are navigating court proceedings without any access to legal advice or representation. It is clear urgent reform is needed.”
Lottie Winson
See also: Holding up a mirror to the family justice system - The Director of Nuffield Family Justice Observatory, Lisa Harker, speaks to Local Government Lawyer about the role of the NFJO in aiding an understanding of the family justice system, the latest data trends for the national Deprivation of Liberty Court, and the need for an “urgent rethink” on placement provision for children.
