First quarter of 2026 saw highest number of deprivation of liberty applications concerning children since MoJ started collecting data

According to the data, nearly two-thirds (64%) of the applications were for children aged 13–15, with 10% of applications for children under the age of 12.

Analysing the data, Nuffield Family Justice Observatory observed that DoL applications “vastly outnumber” applications to place children in registered secure accommodation (such as a secure children’s home), with only 67 secure accommodation applications this quarter.

The charity warned: “The high use of DoL orders is reflective of gaps in earlier and timely support for children and families, fragmented services, limited suitable accommodation and a lack of coordinated care that responds effectively to trauma.

“Children are often in contact with multiple disconnected agencies that have different thresholds for support, leading to gaps in responsibility and inter-agency disputes. Children fall through these gaps. There are issues around how risk is responded to and managed when children are living in the community and a focus on risk-management in the short-term over long-term well-being.”

On 2 June 2026, the Supreme Court handed down its much-anticipated judgment on deprivations of liberty, mental capacity and valid consent, departing from its own 2014 ruling in Cheshire West.

The Department for Health & Social Care has since published interim guidance directing that organisations should begin “aligning their practice” with the new legal position.

Nuffield FJO observed that the ruling is likely to affect the number of children deprived of their liberty where this is authorised through the Court of Protection or the High Court’s jurisdiction.

It said it will be publishing a briefing on the implications for children. 

Lisa Harker, Director, Nuffield Family Justice Observatory, said: “There is an urgent need to reset services for children who are experiencing the greatest vulnerabilities in our society. A new ecosystem of care would put children’s long-term well-being at the centre, with children and their families listened to and involved in decisions. It would mean health, children’s social care, police and education working together to better support them. Children deserve care from professionals who have a full understanding of their needs and who can work seamlessly together to meet them.”

Lottie Winson

See also: The Supreme Court’s ruling in AGNI - Jacqui Thomas KC and Chloe Lee examine the repercussions for practitioners – including in relation to cases involving children – of the Supreme Court’s recent ruling on deprivation of liberty and valid consent.