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: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
back-to-top-scroll