Children deprived of their liberty require better access to legal aid

News

The Law Society of England and Wales welcomes the reduction in family court backlogs and delays, but further investment in civil legal aid is needed to support children at risk of being deprived of their liberty.

Civil legal aid is an essential public service that protects and strengthens our community, reducing the strain on other public services.

According to the latest figures published by the Ministry of Justice (MoJ)*, there were 1,280 applications to the High Court for ‘deprivation of liberty’ orders for children in 2024.

Of these, 132 were 12 years old and under. There were 734 children between the ages of 13 to 15 years and 414 children between the ages of 16 to 18 years.

This is a further 120% increase since the 2020/21 figures,** which had already seen an increase of 462% since 2017/18.

Deprivation of liberty cases restrict children’s freedom in order to keep them safe which can have a significant impact on their lives, yet advice and representation for parents and carers in this situation is not automatic.

Deprivation of liberty orders are increasingly being used to place children in unregistered accommodation, which may be many miles away from their families and support networks.

This is due to lack of secure children’s home places.

By comparison, there were 261 applications for secure accommodation for children in 2024.

Our president Richard Atkinson said: “Making legal aid accessible is vital to ensure families are not left with the uphill struggle of representing themselves.

“These are distressing cases with children who may have faced trauma and/or have physical and mental disabilities.

“Research shows that 88.5% of parents and carers*** were not represented at any High Court deprivation of liberty hearings.

“Strict financial rules in these cases mean parents and carers are not automatically entitled to legal aid representation and advice, leaving them to face these complex legal issues alone. Our own research demonstrates that even those living in poverty may not be entitled to full legal aid.

“The Children’s Wellbeing and Schools Bill**** is an opportunity for the government to level the playing field in these cases, ensuring families with children at risk of deprivation of liberty are automatically entitled to legal aid and have fair access to legal advice and representation.

“Broadening the legal aid means test would make this vital public service accessible to families with children at risk and save the courts time and money in the long run.“

Notes to editors

Local authorities can apply to the High Court for a deprivation of liberty order for a child instead of using the statutory scheme for secure accommodation in a children’s home, if they have concerns about risks to the child’s safety, or the safety of others. This may result in the child being placed in unregistered accommodation. Find out more.

* Figures taken from the Family Court Statistics Quarterly: October to December 2024.

** Read the Nuffield Family Justice Observatory’s (NFJO) report.

*** Read the NFJO’s statistics in full.

**** The Children's Wellbeing and Schools Bill aims to change the law to better protect children and raise standards in education. Find out more. Please note, we can provide a copy of our briefing on the Bill upon request.