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Deprivation of liberty (DOLs) and secure accommodation orders for children
The information and advice on this page is for parents and carers. It aims to help you understand what deprivation of liberty means and why social workers may draw up plans to deprive a child of their liberty. This page includes advice about secure accommodation orders and ‘DOLs’ orders made by the High Court. And information about what legal aid might be available to help you access legal advice and representation.
On this page you will find information about:
- What does deprivation of liberty mean?
- Can social workers from children’s social services deprive a child of their liberty?
- Does depriving a child of their liberty effect their human rights?
- How do you know if a child is being deprived of their liberty?
- What is a secure accommodation order?
- Why do children’s social services apply to the High Court for a deprivation of liberty order?
- Can families get free legal advice if a child in their family is deprived of their liberty?
What does deprivation of liberty mean?
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. A deprivation of liberty 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 be a deprivation of liberty if it is different to a restriction a parent or carer might use when caring for a child of a similar age.
For example:
Confining a baby to one room so they can be kept safe and 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.
A child is only deprived of their liberty if a public body:
- Is involved in restricting their freedom, or
- Knows, or should know, about the restrictions on the child’s freedom (because they have some responsibilities towards the child).
Children’s social services and the courts are both examples of public bodies.
When children’s social services deprive a child of their liberty, it will normally mean:
- The child is looked after in the care system, and
- Those involved in caring for the child day to day can restrict the child’s movements, keep them in one place or supervise them.
Sometimes people use the term ‘DOLs’ or ‘DOLs orders’ as a shorthand for talking about children being ‘deprived of liberty’.
Can social workers from children’s social services deprive a child of their liberty?
Children’s social services can arrange for a child who is looked after in the care system to be deprived of their liberty. Whether this happens, and how, will depend on the precise situation including:
- How old the child is
- How long social workers think the arrangement needs to be in place for, and
- Where they say the child should live.
There are three main ways that children’s social services can arrange for a child to be deprived of their liberty. These are:
For up to 72 hours in a secure children’s home – no Family Court order required
Social workers from children’s social services have powers they can use to arrange for a child to live in a secure children’s home for up to 72 hours.
This power can be used for a child to live in a secure children’s home for one 72-hour period. Or used for several shorter periods over 28 days.
If the child is under the age of 13, children’s social services must first have the permission of the Secretary of State. This is a senior government minister responsible for the government’s work in relation to children in the care system.
For more than 72 hours in a secure children’s home - secure accommodation order required
To arrange for a child to live in a secure children’s home for more than 72 hours (in a period of 28 days), children’s social services must apply for and obtain a secure accommodation order from the Family Court.
If the child is under 13 years old, children’s social services will need the permission of the secretary of state and the secure accommodation order.
The secretary of state is a senior government minister responsible for the government’s work in relation to children in the care system.
In a setting that is not a secure children’s homes - a High Court order required
The High Court can make an order which allows children’s social services to deprive a child of their liberty in a setting which is not a secure children’s home. The power the court uses to make this type of order is called the inherent jurisdiction. Sometimes people refer to orders made in this way as ‘DOLs orders’ or just ‘DOLs’.
Children’s social services must:
- Have the permission of the court before applying for this type of order, and
- Obtain the order before they can put the plans for the child into action.
Does depriving a child of their liberty effect their human rights?
Yes. All children and adults in the United Kingdom have a human right to liberty (freedom) and a human right to a family and private life. These human rights are set out in the European Convention on Human Rights.
All public bodies must take account of these rights under the European Convention on Human Rights. Public bodies include children’s social services and the Family Court.
These human rights should only be interfered with if it is necessary AND ‘proportionate’. This means children’s services and the Family Court should:
- Only make decisions about how a child should be cared for where that is necessary to achieve the aim of keeping the child safe and well
- Make sure any actions they take should be no more than what is needed to achieve that aim.
The human right to liberty (freedom)
This Human Right is protected by Article 5 of the European Convention on Human Rights. Article 5 and human rights law explains when depriving a child of their liberty will be lawful, including:
- The ways a child may be lawfully deprived of their liberty by a public body. And for what purposes.
- That there must be good reasons for depriving a child of their liberty
- The deprivation of liberty must be no more than is needed to achieve the aim of keeping the child safe and well.
If the deprivation of liberty is not lawful then it may be a breach of Article 5. That means the child or adult’s human right to liberty is being breached (broken).
The human right to a private and family life
All children and adults have a human right to a private and family life. This is set out in Article 8 of the European Convention on Human Rights. Depriving a child of their liberty can interfere with these rights in different ways including:
- Affecting how much a child and their family can be in contact with each other and in what ways
- Restrictions and supervision which limit the child in a way which affects their privacy.
Actions and decisions taken by children’s services or the family courts must also take account of the human rights of children which are also protected under the United Nations Convention on the Rights of the Child.
How do you know if a child is being deprived of their liberty?
Different pieces of information about the child and their living arrangements will help work out whether they are being deprived of their liberty. This will include:
- The child’s age
- Whether the child is being looked after in the care system
- What social workers think is needed to keep the child safe and well
- What the child thinks about the plan
- What the parents or anyone with parental responsibility for the child thinks about the plans.
Practical guide to work out if a child is deprived of their liberty
Sometimes it can be hard to know if a child is being deprived of their liberty. This question and answer guide can help if you’re parents and carers who may be unsure about what is happening. To work out if a child is being deprived of their liberty, it is important to answer all the questions in the guide.
What is a secure accommodation order?
This is the order children’s social services apply for when they want a child to live in a secure children’s home for more than 72 hours. The Family Court’s powers to make a secure accommodation order come from section 25 of the Children Act 1989.
When children’s social services apply for this order they are asking the Family Court to:
- Consider a plan for a child to live in a to a secure children’s home for a period of time and
- Give them permission to put that plan into action.
It involves the Family Court looking at whether:
- The child has a history of running away (‘absconding’) and is likely to do that if not living in a secure children’s home
- The child is likely to suffer significant harm if they do run away
- The child is likely to injure themselves or another person if they do not live in a secure children’s home
- It is necessary and proportionate for the child to live in the secure children’s home. This means it should only happen if it is necessary to achieve keeping the child safe and well. And it is not going beyond what is needed to achieve that
- There is a plan for the child while they will be living in the secure children’s home. For example, when and how they will see or be in touch with their family and what education they will be able to receive.
If children’s social services want to deprive a child of their liberty in a setting which is not a secure children’s home they will need a different type of court order.
Why do children’s social services apply to the High Court for a deprivation of liberty order?
Children’s social services apply to the High Court for a deprivation of liberty order when they want to deprive a child of their liberty in a setting which is not a secure children’s home.
The power the court uses to make this type of order is called the inherent jurisdiction. Sometimes people refer to orders made in this way as ‘DOLs orders’ or just ‘DOLs’.
When children’s social services apply for this type of order they are asking the High Court to:
- Consider a plan which involves a child’s freedom being restricted in a setting which is a not a secure children’s home and
- Give children’s social services permission to put that plan into action.
The High Court will have to look at:
- Whether the plan is in the child’s best interests (the High Court will need to apply the ’welfare principle’)
- The ways children’s social services say the child’s freedom may need to be restricted
- Whether those restrictions are outside of what a parent would normally use for a child of that age
- Whether the restrictions to the child’s freedom are necessary and proportionate. This means whether they are necessary to achieve the aim of keeping the child safe and well. And do not go beyond what is needed to achieve that aim
- Whether the child is likely to suffer significant harm if the court doesn’t make the order.
Can families get free legal advice if a child in their family is deprived of their liberty?
Legal aid is the use of government money to pay for people to receive free legal advice and representation. Legal aid may be available for the family of a child who is deprived of their liberty. And to the child too.
Our legal aid pages explain:
- What legal aid may be available when children’s social services are thinking about depriving a child of their liberty
- What legal aid is available for families if children’s social services apply for a secure accommodation order
- What legal aid is available for families if children’s social services apply for an order from the High Court (DOLs)
- Whether a parent, carer or child’s financial situation will effect whether legal aid will be available
- What else might effect whether someone can access legal aid.
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