Children’s Commissioner urges major reduction in number of children deprived of their liberty
The Children’s Commissioner for England, Dame Rachel de Souza, has called for “far fewer” children to be deprived of their liberty, and the introduction of a clear legislative and statutory framework in the small number of cases where such a step is necessary.
In a report published yesterday (18 November), Children with complex needs who are deprived of their liberty, the Children’s Commissioner made a number of recommendations based on the shared experiences and testimonies of 15 children who have been subject to deprivation of liberty (DoL) orders.
The report said two key messages stood out from interviews with those children.
“First, far fewer children should be deprived of their liberty. There is a critical need for high quality registered children’s homes which can provide safe accommodation and therapeutic support for children living with trauma and at risk of harm, so that the core reasons for their behaviours can be addressed, in the least restrictive way possible, to enable them to thrive and achieve their potential.
“Second, in the small number of cases where it is necessary to deprive children of their liberty, that should never be in an illegal children’s home and should be based on a clear legislative and statutory framework.”
The Commissioner said a strengthened law, via an effective legal framework and guidance would:
- give clarity and transparency on decisions to restrict liberty;
- give children a stronger voice in the process and allows them to share their views with the judge in a way that is comfortable for them;
- set out the steps local authorities should take before depriving a child of their liberty; and
- provide oversight from a judge and ensures decisions are reviewed every three months.
The report noted that the children interviewed had been placed in locations including a caravan, a hospital and an Airbnb – “demonstrating the lack of clear guidance in making these restrictive decisions”.
Key findings included:
- Lack of stable support: All children had experienced “significant instability” and had struggled to get the support they needed before a deprivation of liberty order was put in place.
- Limited say in decision making: Most children felt there were limited opportunities to have their voices heard and to be involved in decisions about their lives, while living under the deprivation order.
- Restrictive living conditions: Children were unhappy with the conditions associated with their deprivation of liberty order and found it particularly difficult when they did not have a clear plan for stepping down the restrictions.
- Educational and social setbacks: The deprivation of liberty order had a detrimental impact on children’s education; most were out of school and receiving a limited curriculum. Most children were in solo placements and felt socially isolated.
- Inconsistent mental health support: While some children were receiving therapeutic input, many felt their mental health needs had never been fully addressed.
The Children’s Commissioner also called for an end to profiteering in children’s social care – for a system that is “guided by the same principles of quality, opportunity and safety as in the education system”.
Earlier this week, the Government unveiled reforms intended to challenge profiteering by children's care providers, by introducing a “backstop” law to put a limit on the profit providers can make, and requiring key providers to share their finances with the government.
Dame Rachel de Souza said: “As Children’s Commissioner I want every child to grow up safe, happy, healthy and engaged in their communities and in their education.
“For children under Deprivation of Liberty orders, these basic rights are too often being ignored in a system that puts profit-making above protection and allows decisions to be dictated by local resources.
“Depriving a child of their liberty is one of the most significant interventions the state can make in a child’s life. My new report tells these children’s stories, revealing a stark failure of the children’s social care system. They are enduring things no child should ever have to: contained, often in isolation, in illegal children’s homes, without the opportunity for their voices to be heard.”
She added: “The children living in the care system today need urgent and bold change – no more strategies, no more debates. We need to strengthen the law so that children have a say in the decisions affecting their lives, and radical investment in new and safe places for them to live.”
Lottie Winson
