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Deprivation of liberty (DOLs)
What is a deprivation of liberty?
Depriving a person of their liberty involves the state restricting that person’s freedom in some way. Anyone can be deprived of their liberty, including children.
What may a deprivation of liberty involve?
A deprivation of liberty involves a restriction on the child’s freedom. It can involve:
- Confining a child to a particular place and/or
- Constraining or restricting a child’s movements or activities
- Supervising a child’s movements or activities.
The restriction will amount to a deprivation of liberty if it is different to a restriction a parent or carer might impose when caring for a child of a similar age.
For example, confining a baby to one room so they can be kept safe and be supervised by their parent is unlikely to be depriving them of their liberty. But doing this to a 15-year-old is likely to be.
How might a child be deprived of their liberty?
There are different ways a child may come to be deprived of their liberty. For example:
- Children’s services arrange for a looked after child to move to a secure children’s home: There are different ways children’s services can arrange for a child to be cared for in a secure children’s home. It will depend on the precise situation:
Different ways children’s services can arrange for a child to be cared for in a secure children’s home – text description
Children 13 or over
– Without Family Court involvement
A child who is aged 13 years or older can be cared for in a secure children’s home for up to 72 hours without a secure accommodation order. And without any permission from the Secretary of State.
– With Family Court involvement
If children’s services want a child to be cared for in a secure children’s home for more than 72 hours, they must apply for a secure accommodation order. The Family Court’s power to make the order is in section 25 of the Children Act 1989.
Children under 13
– Without Family Court involvement
A child who is aged under 13 years old can be cared for in a secure children’s home for up to 72 hours without a secure accommodation order. But children’s services must have the permission of the Secretary of State to do this.
– With Family Court involvement
If children’s services want a child under the age of 13 to be cared for in a secure children’s home for more than 72 hours, they must have:
- The Secretary of State’s permission and
- Applied for, and obtained, a secure accommodation order.
Note:
The Secretary of State is a senior government minister in charge of a government department. The Secretary of State for Education has responsibility for the government’s work in relation to children in the care system.
- Under mental health law: Where there are concerns about a child’s mental wellbeing and safety. This may lead to children being cared for in a hospital under a section .
- Following remand or sentence for a criminal offence: Where a child is moved to a form of youth detention accommodation whilst on remand and waiting for a court hearing. Or having been given convicted and given a custodial sentence. A child will move to a form of youth detention accommodation. Depending on the precise situation this may be a secure training centre, youth offending institution or a secure children’s home.
- Children’s services have obtained an order allowing them to deprive a child of their liberty under the High Court’s inherent jurisdiction. Children’s services can use this route but only where the child will not be living in a secure children’s home.
Updated August 2025
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