Recent court decisions and national research have brought renewed scrutiny to the use of deprivation of liberty (DoL) orders for children with complex needs.
These developments underline the responsibility on social workers and healthcare professionals to carefully assess not only immediate safeguarding needs, but the long-term impact on a child’s health, development and wellbeing.
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What are deprivation of liberty orders?
Children can be deprived of their liberty in a variety of ways, quite often through the inherent jurisdiction of the High Court, Family Division.
Orders granted under this jurisdiction are commonly referred to as deprivation of liberty orders.
What is the impact of DoL orders on children?
While DoL orders are intended to protect children from significant harm, their practical impact can be profound and, in some cases, detrimental, leading to:
- separation from family and friends
- changes in caregivers
- trauma and isolation
- gaps in education.
If implemented without careful consideration or ongoing review, these measures can negatively affect a child’s emotional wellbeing, development and sense of self-worth. In some cases, the cumulative effect may amount to a significant loss of key periods and aspects of childhood.
Key considerations in DoL cases
Procedural requirements
Recent case law has clarified the strict legal framework governing DoL orders:
- In Re J [2025] EWCA Civ 478, the Court of Appeal held that local authorities cannot lawfully deprive a child of their liberty by virtue of having a Care Order under section31 of the Children Act 1989 – even when all parties agree the placement is in the child’s best interest. A formal process for a DoLs order must be made as Article 5 of the ECHR is infringed.
- In contrast, QX [2025] EWHC 745 Fam established that parents can validly consent to the deprivation of liberty of a child under 16 who lacks Gillick competence, if there is a voluntary arrangement in place under Section 20 of the Children Act 1989 and if it is in the child’s best interests. Where parental consent is genuine, a DoLs order is not required.
Application of DoL orders
Although DoL orders authorise restrictions on a child’s liberty, they should be understood as setting the maximum permissible level of restriction, not a default or fixed standard of care.
In practice, restrictions should be:
- proportionate
- necessary
- responsive to the child’s complex needs.
However, this principle is not always applied consistently, which can lead to unnecessarily restrictive environments.
What does the evidence say?
On 18 November 2024, the Children’s Commissioner published a report titled Children with complex needs who are deprived of liberty, based on interviews with affected children. The report aimed to centre children’s voices and better understand their lived experiences of being subject to DoL orders, particularly in relation to:
- safety
- mental health
- relationships
The findings highlight a critical tension: while DoL orders are intended as protective measures, many children experience them as restrictive, isolating and distressing. In some cases, the arrangements were found to be ineffective in addressing the complexity of their needs.
How can we better protect children?
The report recommends the introduction of a statutory framework specifically designed to safeguard children who are deprived of their liberty, while clearly defining the responsibilities of those involved in their care.
In practice, this would involve amending the Children Act 1989 by inserting a new legal framework, supported by detailed statutory guidance. Such a framework could include:
- clear mechanisms governing restrictions on liberty outside secure settings
- consistent guidance for local authorities on when and how to apply for DoL orders
- specific provisions for children accommodated under section 20 or placed across UK borders.
Implementing these measures would improve consistency, accountability and ensure that any restrictions are proportionate, lawful and focused on promoting the child’s best interests.
How can Bond Solon help?
Navigating deprivation of liberty in children’s cases is both complex and challenging. Professionals must balance the immediate safety of a child whilst recognising the likely trauma a child will experience when subject to a DoL order, all while ensuring compliance with a rapidly evolving legal landscape.
Bond Solon’s Deprivation of Liberty for Children (England) course is designed to equip health and social care professionals with the knowledge, confidence and practical tools needed to make informed and lawful decisions.
This intensive one-day course provides:
- a clear overview of the inherent jurisdiction of the High Court and recent case law decisions
- practical guidance on applying DoL principles in real scenarios
- in-depth exploration of parental responsibility, consent, Gillick competence and human rights
- insight into the legal and procedural workings of the Deprivation of Liberty List for Children
By attending, delegates will be better equipped to place the child’s complex needs at the centre of decision-making while confidently navigating the legal and ethical challenges associated with DoL cases.