Section 25 secure accommodation, DOLS provisions and authorisation of unregistered placements

Mark Jones No5 Barristers Chambers

This article focusses on the legislative provisions which allow local authorities to curtail the liberty of children and young people in instances where their welfare requires. Specifically the provisions of Section 25 of the Children Act 1989 and deprivations of liberty safeguards (hereinafter DOLS) under the inherent jurisdiction of the High Court.

The prevalence of DOLS applications has increased seven-fold from the year 2017 to 2019. This is in part owing to the limited number of secure accommodation units which exist within the country. As a consequence this remains a developing area of law – both legally and politically.

 Whilst the article offers a general legislative overview it is very much drafted with a practical focus. Throughout the article Mark Jones includes a number of personal observations stemming from his own experience – it is hoped that these will act as further food for thought. 

The full article will be published in the August issue of Family Law. 

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