Shortage of secure placements for vulnerable children a “national scandal”, High Court judge says

A High Court judge who was told in a hearing that just two spots in secure placements in England and Wales were available when they were needed for 62 children has called the shortage a "national scandal", it has been reported.

Mr Justice Francis said that it was "scandalous that these young people in such absolute crisis are not being properly provided for," according to the Press Association.

During the proceedings, which concerned a vulnerable teenage girl, the judge heard that social services staff had been unable to find suitable secure accommodation for the child. Only one of the two places available was suitable for a female.

The council had done all it reasonably could and was not at fault, the judge noted.

The court was told that social workers were exploring possibilities in Scotland. In the meantime, the child is being cared for in a psychiatric ward of a hospital, the Press Association said.

Mr Justice Francis said everyone agreed that the ward was not suitable for the girl and described it as the "least-worst option".

His comments are just the latest in a series of criticisms of the shortage of secure accommodation for children made by judges in recent years.

Last month a National DoLs (Deprivation of Liberty) court was launched to deal with applications seeking authorisation to deprive children of their liberty.

The new court is based at the Royal Courts of Justice under the leadership of Mr Justice Moor. All new applications seeking these orders will be issued in the RCJ.

The new court is supported by two Family High Court/deputy high court judges each week and a dedicated administrative team based in the RCJ. Cases will either be retained for hearing within the National DoLs Court or will be returned to circuit, based on agreed criteria.

In April 2022, concerns were raised about the suitability of some homes that children are placed in following a deprivation of liberty order. Nuffield Family Justice Observatory (NFJO) conducted a review of published judgments which found that in some cases children are spending significant periods of time in "suboptimal" placements without the therapeutic support they need to make significant long-term improvements.

The report also noted that it was difficult to track the status of children subject to deprivation of liberty orders after the hearings had been conducted. “[In] most cases, it is unknown what happens after an order is made,” the report noted. “In general, there is a lack of research and evidence about children's outcomes following a secure placement."

Adam Carey

Sponsored Editorial

Need a transcript or recording?

Are you a Paralegal or a Legal Officer? Have you been asked to obtain a transcript of a recording for use as evidential material? Wondering where to start? Don’t worry – we speak to people in your position every single day – and we’ll be happy to help you too. Whether or not you choose to use our…