Access to justice when children are deprived of their liberty

Every year, thousands of children are deprived of their liberty by the Family Court. Some under secure accommodation orders. Many others under High Court orders.  

Depriving a child of their liberty is a draconian measure. It can mean they are isolated, subject to high levels of restraint, and have a significant impact on their mental and physical wellbeing.  

We also know that too often children deprived of their liberty are living in settings which do not meet their needs and are far away from their families and communities.

For their parents and carers, there is often no access to the information and legal advice they need to understand the situation. Where court applications are made, many are unrepresented, left to navigate confusing and distressing proceedings alone.

The law in this area is complex. Without legal advice and representation, it is very difficult for families to understand what is happening, what their options are, and how to secure the best outcome for the child.

Family Rights Group’s analysis of the legal aim regime has found it riddled with anomalies and injustices. Urgent reform is needed.

We have made proposals to help get children and families access to the legal advice and representation they need. Read our briefing paper

In December 2023, we coordinated a joint call to the Ministry of Justice to urgently plug the gaps in legal support available for families where children are deprived of their liberty. It was signed by 87 organisations and practitioners from across the child welfare and family justice systems. Read more

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