WIREDGOV

The recent report, “Children with complex needs who are deprived of liberty” is available here. Top lines:

• New research reveals full scale of challenges facing children deprived of their liberty by courts
• Children’s basic rights being ignored in a system that puts profit-making above protection
• No child should be placed illegally, Commissioner warns, calling for a strengthened law that gives them a say in decisions affecting their care
• Commissioner calls for far greater investment in safe, loving homes and an end to profit-making in the sector – as Government prepares to unveil plans to reform children’s social care

Children in England can be deprived of their liberty in secure settings, specifically custodial settings (for youth justice reasons), secure children’s homes (for welfare reasons) and mental health units (for assessment and treatment).

A deprivation of liberty can also occur in other settings, such as the child’s home, a children’s home, or residential school, but the Children Act 1989 does not have provision for a child to be deprived of liberty other than in a secure setting.

Stronger protections are needed for children being deprived of their liberty and contained, out of the community, often in isolation and surrounded by adults acting security guards.

The report by the Children’s Commissioner Dame Rachel de Souza reveals the extent of the challenges facing children under Deprivation of Liberty orders, who are often in care, have severe and complex disabilities, and many of whom have faced trauma, neglect or mental illness.

Based on interviews by the Children’s Commissioner’s office with 15 children placed on Deprivation of Liberty orders by High Court judges, the research reflects the shared experiences of children living under these restrictions – and, crucially, the missed opportunities to give them a voice in the decisions affecting them.

It also demonstrates the lack of clear guidance in making these restrictive decisions, with children interviewed for this report placed in locations including a caravan, a hospital and an Airbnb.

Click here for the full press release