Question to the Department for Education:

To ask His Majesty's Government what assessment they have made of the number of children who have received deprivation of liberty orders in the past five years.

Depriving a child of their liberty must always be a last resort, but is sometimes necessary to keep that child, and others, safe. A small but growing number of children, often with complex behavioural needs, require a deprivation of liberty order for their own safety.

Data collected by Nuffield Family Justice Observatory shows that in the year leading up to July 2023, 1,389 applications were made to deprive a child of their liberty under a Deprivation of Liberty Order (DOLO) authorised under the inherent jurisdiction of the High Court. Data collected in this period suggests that the number of applications has more than doubled since 2020/21. This data is attached and can be accessed at: https://www.nuffieldfjo.org.uk/wp-content/uploads/2023/09/CHILDR1.1.pdf.

His Majesty’s Courts and Tribunal Service have been publishing data since December 2023, covering the period July to September 2023. Between Q3 2023 and Q2 2024, 1240 deprivation of liberty applications were made. There were 299 applications made between April and June 2024.

To understand the existing system and how we can achieve better outcomes for these children, the department has commissioned research consisting of a literature review, analysing children’s case files and undertaking case studies of three existing provisions developed in partnership with Integrated Care Boards. This research will provide insights into the characteristics of children who are, or have been, deprived of liberty and what has worked well for them. We aim to publish this research in summer 2025. We consistently seek insights from research and reports undertaken by different organisations, such as the Office of the Children’s Commissioner’s report in December 2024 on Illegal Children’s Homes, to ensure we are utilising the information in these resources in our policy development.

The department continues to work extensively with stakeholders across local authorities, the healthcare sector, cross-government, third sector and in academia to draw on relevant expertise throughout our policy development, which allows us to gain valuable insights about the characteristics of these children and what works well to improve their experience and outcomes.