Question to the Department of Health and Social Care:

To ask His Majesty's Government what specific statutory duties the Department of Health and Social Care has for protecting children subject to deprivation of liberty orders.

The Department does not hold these specific statutory duties, as local authorities have statutory responsibility for protecting children subject to deprivation of liberty orders. The Government has responsibility for ensuring that all deprivation of liberty schemes are compliant with Article 5 of the European Convention on Human Rights to ensure strict safeguards are in place for children who are, or who will be, deprived of their liberty.

The Department for Education is responsible for children’s services policy, while health services have broad child safeguarding duties and specific duties in relation to the health needs of children looked after by local authorities.

We know that children who are subject to deprivation of liberty orders are highly vulnerable, with poor life outcomes, and we recognise the challenges local authorities face, and the need for system-wide reform. That is why, since July 2023, the Department for Education and NHS England have been jointly leading cross-Government work to improve the provision of integrated health and care services for children who are in complex situations and are currently, or are at risk of, being deprived of their liberty.