Deprivation of liberty orders – a blunt tool for a system in crisis

Tracy Lakin St Ives Chambers

In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court for the making of Deprivation of Liberty Orders in relation to children. This article explores the extent of the issues and the solutions so far attempted to resolve the lack of available and suitable provision for the most vulnerable children in society. A review of the case law in relation to Deprivation of Liberty Orders for children and various press articles published provides a shocking picture which both professionals and the judiciary find themselves having to grapple with to make best interests decisions for children.

This article looks at the launch of the national Deprivation of Liberty court at the Royal Courts of Justice which was piloted for 12 months in July 2022 the Nuffield Family Justice Observatory research and articles published by journalists. The material highlights a lack of resources a lack of secure placements a lack of early CAMHS interventions and a lack of paediatric mental health provision for children. The case law ...

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