Deprivation of Liberty: Children and young people - A review of legal frameworks (2026)
Introduction
A crucial question for those engaged in providing care and support to people with health and/or social care needs is whether the proposed arrangements to meet such needs are likely to amount to a deprivation of liberty.
The law relating to the determination of a deprivation of liberty for under 18 year-olds whose needs require additional care and support is complex and not well understood. It is also an area in which the law continues to develop.
A change to section 25 of the Children Act 1989 is set out in the Children’s Wellbeing and Education Bill which is expected to pass into law in 2026. This measure will augment existing legal frameworks for authorising the deprivation of liberty of a child or young person aged under 18.
The briefing provides an overview of the legal frameworks and notes how planned reforms are intended to amend the legal frameworks.
It focuses on three key areas:
- Determining a deprivation of liberty
- The role of the High Court in authorising a deprivation of liberty
- Placements in settings other than registered children’s homes
The briefing was first published as one section in an extensive report for DfE on Improving the outcomes of looked-after children and young people in complex situations with multiple needs, at risk or subject to a deprivation of liberty (Research and Practice and National Children’s Bureau 2025).
We thank DfE for permission to reproduce the overview as a standalone briefing.
Professional Standards
PQS:KSS - The law and the family and youth justice systems
Deprivation of liberty and 16-17 year olds: Practice Guidance (2020)
The resource has been created in response to recent case law that provides guidance as to when 16 and 17 year olds are to be considered to be deprived of their liberty and, in particular, the limits of the decision-making role of people with parental responsibility.
Research highlights concerning experiences for children who are subject to deprivation of liberty orders
This blog summarises research highlighting concerning experiences for children who are subject to deprivation of liberty orders in England and Wales.
Children subject to deprivation of liberty orders
This edition considers recent cases which have addressed when a child can be deprived of their liberty. Considerations include if a local authority can consent to confinement of a child, the difference between confinement and deprivation of liberty, and when a parent can consent to confinement.