The National Deprivation of Liberty Court– how might it increase transparency and what is it for?

Helena Spector Park Square Barristers Leeds

Applications 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. ...