header-logo header-logo

Legal access could help children deprived of liberty

13 December 2023
Issue: 8053 / Categories: Legal News , Child law
printer mail-detail
Increasing numbers of deprivation of liberty orders are being made against children, family law campaigners have warned. Yet, in the majority of cases, the parents or carers concerned have no access to legal advice

The charity, Family Rights Group is running a campaign to highlight these orders, which can be made by the family court if a local authority is concerned about risks to the child’s safety or the safety of others. Backing the campaign last week, the Law Society also expressed concern about the lack of legal aid for families.

Statistics published by Nuffield Family Justice Observatory (NFJO) in September showed 1,249 children were subject to the orders in the year to June 2023. The NFJO found that 88.5% of parents and carers were not represented at any hearings in applications made under the High Court’s jurisdiction. NFJO also reported children were sent more than 56 miles away on average to children’s homes, care home services or unregulated placements. 

Deprivation of Liberty Orders allow for children to be placed under severe restrictions. There was a 462% increase in these cases in the three years to 2020/21.

Law Society president Nick Emmerson said: ‘A parent whose child is subject to care proceedings is entitled to non-means-tested legal aid.

‘However, the same cannot be said for deprivation of liberty cases. Families are instead faced with a stringent means and merits test to establish if they can receive legal aid.

‘We call on the government to remove these barriers.’

Emmerson said: ‘The family court system is facing an increase in deprivation of liberty cases due to a reduction in the number of children in youth custody, a rise in the number of older children coming into care, falling numbers of inpatient child mental health beds and the closure of secure children’s homes.’

Issue: 8053 / Categories: Legal News , Child law
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll