Social workers body calls for end of deprivation of liberty orders for children not in “safe and secure” therapeutic care
Nagalro, the professional association for social work practitioners, has written an open letter to the Secretaries of State for Justice, Education and Health and Social Care, urging an end to the use of Deprivation of Liberty (DoL) orders, other than in “safe and secure” therapeutic residential establishments.
The association warned that although a DoL order is intended to be a temporary measure, it has observed children being kept for “significant” periods of time in unsuitable accommodation, often far away from their homes and communities and with no clear, therapeutic, ‘exit plan’.
The open letter, addressed to Justice Secretary Alex Chalk, Education Secretary Gillian Keegan and Health Secretary Victoria Atkins, said: “When an application is made to deprive the child of their liberty this is usually because there is nowhere else for them to go and the risks that they are experiencing are so severe that depriving them of their liberty is seen as the only way that they can be kept safe.”
Nagalro noted that despite rising demand, the number of inpatient child mental health beds has fallen by a fifth since 2017.
Since 2002, 16 secure children’s homes have closed and those who remain are more likely to accept the children with the lowest, rather than the highest, levels of need, “creating a bizarre ‘reverse auction’ for scarce beds”, the letter stated.
The association highlighted a report published by the National Child Safeguarding Practice Review Panel, which analysed safeguarding incidents relating to looked after children between June 2018 and June 2020.
In the two-year period, 20 children being cared for by the State died and 69 suffered serious harm.
The report concluded that many of the children who died or suffered serious harm would have met the criteria, under s25 Children Act 1989, to be placed in a secure children’s home “but there was no placement availability of secure welfare beds”.
The open letter noted that following a 12-month study of DoL applications, the Nuffield Family Justice Observatory set out five principles of care for children in these situations, saying:
"The principles set out what children with complex needs and circumstances – and at risk of being deprived of their liberty – need.
- ‘Stable, trusted, valued relationships.
- ‘Holistic assessment, formulation and a tailored plan of intervention and support.
- ‘Long-term support that is tailored to their needs.
- ‘Highly experienced, multidisciplinary teams.
- ‘Agency and respect."
Nagalro wrote to the Ministers: “We would unequivocally support these principles and would urge you to ensure that they form the basis of the actions that you should take.”
In January, a report by Ofsted revealed that most local authorities struggle to find homes for children with complex needs, with children sometimes waiting years for a suitable placement.
At a hearing in December 2023, HHJ Moradifar, sitting as a High Court judge, warned that the time to address the “silent crisis” of finding safe placements for children with profound needs is long overdue.
The Department of Education has been approached for comment.
Lottie Winson
