Depriving a child of their liberty, whether under a secure accommodation order or an order under the High Court’s inherent jurisdiction, is a draconian step.
It can affect a child’s physical and mental wellbeing, for instance resulting in a child being isolated and subject to high levels of supervision and restraint. This can impact on a child’s family life, with children often living miles from their homes and communities.
Yet injustices in the legal aid regime mean families of these children have limited, or no access to legal advice.
In contrast to when a child is subject to care proceedings, legal aid for parents of children being deprived of their liberty is means tested and a higher merits test applies. Many parents are left unrepresented.