The National Deprivation of Liberty Court– how might it increase transparency and what is it for?
Park Square BarristersApplications to deprive a child of their liberty can be made under s.25 Children Act 1989. However, there are a large number of children for whom placement under this provision is not appropriate, either because the statutory criteria is not met or because their welfare needs require therapeutic input which can’t be delivered in a secure unit. Quite often, however, a placement in a secure unit is simply not available, leading local authorities to seek placements elsewhere, and with limited options.
As a result, the use of the inherent jurisdiction, which provides a backup safeguard for children whose needs can’t be squarely met under any legislative framework, is increasing. This poses problems for the collection of data regarding these children, as there is limited opportunity to monitor them to analyse, other than through case law, why they find themselves deprived of their liberty; the circumstances of the deprivation itself; and the long-term outcomes for the children. The National Deprivation of Liberty (DoLs) Court, a 12 month pilot scheme, in conjunction with the Nuffield Family Observatory, aims to address this data gap, hopefully shining a light on the pathways leading to, and the long-term impact of, a DoL for the affected children.
The full article will be published in the November issue of Family Law.
Contact our Court of Protection Clerks:
Paul Foster (Senior Court of Protection Clerk) on 0113 213 5209