Children placed at risk and parents driven to despair over the 'shocking moral failure' of children being locked up rather than given the help they need.
'According to the Nuffield Family Justice Observatory, the number of applications for “deprivation of liberty” orders for children suffering from psychological and behavioural difficulties reached 1,368 last year.'
In a rare move, highlighting the frustrations and the lack of provisions provided by the government, the secretary of state for education, Gillian Keegan, was called on to attend court.
The case related to a suicidal teenage girl, for whom no therapeutic placement could be found due a lack of services. The judge took the unusual step, after Keegan refused to engage with President of the Family Division, Sir Andrew MacFarlane.
The measure is intended as a last resort when secure accommodation or placements are not immediately available.
“We have seen applications to place children in holiday homes, Premier Inns. I’ve heard of two, I think, on canal boats,” says Sir Andrew.
Two reports by the Children's Commissioner, Anne Longfield, dating back to 2019 and 2020 and titled Who Are They? Where Are They? revealed evidence of 'invisible' children, who are being locked up but who do not appear in any official statistics and who are not living in places designed to hold children securely. These included residential special schools, children admitted 'informally' to mental health wards, non-secure childrens homes and even makeshift arrangements by councils including flats, hostels and caravans.
Solicitor Anna Moore, who was instructed to represent the Children's Commissioner said; “Placing children in accommodation that is not a secure children’s home currently falls out of the statutory regime and so they do not have the same safeguards that other children do. This means children are being deprived of their liberty without authorisation and without proper checks and safeguards in place.”
A local authority can apply to the Family Court to impose a Deprivation of Liberty order if it is deemed that a child is a serious risk to themselves or others, and the only option is to remove their liberty.
If you would like to hear more: Listen to File on 4 - Detained and Restrained: Britain's Vulnerable Kids - BBC Sounds
Sources:
Who are they? Where are they? 2020 | Children's Commissioner for England (childrenscommissioner.gov.uk)
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