Deprivation of liberty orders are made when the care arrangements for an individual, including a child or a young person, will amount to a restriction on their liberty. The European Court of Human rights has identified three elements that indicate when care arrangements will constitute a deprivation of liberty (Storck v Germany, 2005), these are:
The objective element that the person is confined in a restricted space for a non-negligible period of time;
The subjective element that the person has not validly consented to the confinement; and
The detention being imputable to the state.
When these circumstances arise, an application for an order authorising the deprivation of liberty will be made. There are two types of application: applications for secure accommodation orders under section 25 of the Children Act 1989 and applications for deprivation of liberty (DoL) orders under the inherent jurisdiction of the High Court. Under section 25, welfare criteria must be met before a child is placed in secure accommodation, these are:
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