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

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

1 Hare Court—Peter Mitchell KC & Amber Sheridan

1 Hare Court—Peter Mitchell KC & Amber Sheridan

Leading family law set strengthens ranks with high-profile additions

Thackray Williams—Jennifer Nicol

Thackray Williams—Jennifer Nicol

Firm bolsters commercial team with senior employment partner hire

NEWS
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll