Stark rise in use of unregulated placements to deprive children of liberty

The research, carried out by the Nuffield Family Justice Observatory, found the number of such applications increased from 108 to 579 in the three years to 2020/21, a rise of 462 per cent.

The study also revealed that in 2020/21 the use of these applications which resulted in children being placed in unregulated placements outnumbered those for places in secure children’s homes for the first time.

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The charity has raised concerns over the use of this “last resort” measure by the High Court which allows it to place children in unregulated settings such as caravans and holiday lets when a place cannot be found for them elsewhere.

Unregulated placements are commonly used if a child’s needs are considered too challenging or if there are not enough beds available in other secure settings.

However, unlike placements made in settings such as secure children’s homes, young offender institutions or secure training centres, there is no published administrative data or records for children placed in unregulated accommodation, the report explains.

“This is a major cause for concern as there is no public record of where they are placed, what restrictions are placed on their liberty, or their outcomes,” the charity says.

The research, which has been published alongside a new analysis of data about children’s secure accommodation orders, also found that just one in two children referred for a place in a secure children’s home for welfare reasons were accommodated.

From a total of 420 referrals made for secure accommodation, there were only 209 placements made, according to the report.

Furthermore, it highlights distinct similarities in the early life experiences and needs of children deprived of their liberty for welfare and justice reasons.

In both circumstances, children are likely to have experienced trauma and disadvantage from early childhood which increased the possibility of difficulties and risks arising from mental health problems.

These could include challenging behaviour, substance misuse, self-harm, educational needs and and risk of sexual and criminal exploitation, the report says.

Lisa Harker, director of Nuffield Family Justice Observatory, said an “urgent rethink” was needed to improve the lives of the most vulnerable children in society and to clarify the purpose of depriving young people of their liberty.

“Something is clearly not working. The use of the inherent jurisdiction of the High Court is intended as a last resort, yet last year hundreds of children were deprived of their liberty in this way, often ending up in caravans or holiday lets without the properly regulated care they so desperately need,” she said.