Deprivation of Liberty Orders

Our key calls for change:

• End the use of Deprivation of Liberty Orders on Children, ensuring that there is sufficient secure accommodation that protects and respects children’s rights
• Ensure there is consistent monitoring of the numbers of children currently placed on Deprivation of Liberty Orders and the reasons why in Wales

Background information & introduction to our work

There are a number of children whose complex needs mean they need to be looked after in secure accommodation, because they may put themselves or others at risk. In this circumstance, according to the law, they should be looked after in a secure children’s home, or youth offender institution, or a hospital. However, if these placements are unavailable, or cannot meet the complex needs of the vulnerable children, the High Court (Family Court) has the power to deprive a child of their liberty placing these vulnerable children, often in unregulated and unsafe accommodation, miles away from home.

Please see this helpful video that explains Deprivation of Liberty Orders by the Nuffield Family Observatory, access

Dr Croke submitted evidence on this issue as part of reporting to the UN Committee on the Rights of the Child.  This work contributed to DoLs emerging as an issue in the UN Committee’s Concluding Observations and was referred to strongly during the State party’s examination by the UN Committee.

Dr Croke has also submitted evidence to the Senedd Children and Young People Education Committee Inquiry into ‘Radical Reform for care experienced children and young people’.  The evidence is reflected in the Senedd Inquiry report (24.05.23), with the Committee issuing a strong recommendation (see Recommendation 20 page 14) to the Welsh Government and the Association of Directors of Social Services, “to develop an urgent action plan to reduce the use of DoLs and to carry out an analysis on the numbers of children on DoLs in Wales.”

We are continuing to monitor the Welsh Government’s and other agencies response to addressing this concerning issue as well as considering opportunities for strategic litigation.