The deprivation of liberty of children: what can we do better?

Pippa Pudney, Barrister, Spire Barristers

This article explores the principles of care for children deprived of their liberty including the Nuffield Family Justice Observatory’s recent recommendations on the care provision for children who are confined. It discusses the observations of Lieven J in Re YR (Deprivation of Liberty – Care Order – Principles of Care) [2024] EWHC 564 (Fam) and the expert recommendations which related to how to make real progress for the child in that case. The article looks closely at the NFJO’s recommendations and how they may be adopted or considered within a case, including what legal practitioners may do to work in line with those recommendations. It then goes on to consider the approach to deprivation of liberty authorisations more generally, and why the terminology used in relation to these authorisations is important.