Sharp rise in children deprived of their liberty highlights deepening crisis in secure care

Between April and June 2025, there were 357 applications to deprive children of their liberty under the inherent jurisdiction of the High Court – a 12% increase on the previous quarter and nearly 20% higher than the same period last year. By comparison, just 71 applications were made in the same quarter for placements in regulated secure accommodation, underscoring the scale of the shortfall in suitable provision.

DoL orders allow children to be placed in unregulated settings where their liberty is restricted – often in response to short-term crises and in the absence of specialist secure children’s home places. Research by the Nuffield Family Justice Observatory (NFJO) has shown that many of these children have intersecting needs, including mental health difficulties, self-harm, disability, and experiences of criminal or sexual exploitation.

The new figures paint a stark picture of the children affected. Over half (56%) were aged 13–15, with another third aged 16–18. Just under one in ten were 12 or younger. Girls have historically been more likely to be subject to DoL orders, and while the gender gap is narrowing, this quarter still showed a slight majority of female children (51%) compared with males (49%).

However, beyond these basic demographics, there remain major gaps in the national picture. The MoJ does not routinely publish data on children’s ethnicity, disability, or the specific factors leading to DoL applications. This lack of detail makes it impossible to assess whether particular groups are disproportionately affected or to identify clear pathways into deprivation of liberty.

For social workers, the reliance on DoL orders highlights the system’s failure to provide safe, regulated placements and appropriate therapeutic support. NFJO research has previously found that 97% of children subject to DoLs were already in care at the time of application, often after experiencing placement breakdowns and escalating risks.

The widespread use of DoLs also raises safeguarding concerns. Unregulated placements can struggle to meet the complex needs of highly vulnerable children, many of whom are already at risk of exploitation or harm. Social workers and other professionals are frequently left trying to manage risk in settings not designed to provide secure or therapeutic care.

The figures mark a dramatic rise in use of DoLs since 2017/18, when Cafcass data suggested there were around 100 applications a year. By 2024, the number had reached 1,280 children – a sevenfold increase.

Lisa Harker, Director, Nuffield Family Justice Observatory commented: “It is critical to shed light on the continuing and extensive use of Deprivation of Liberty orders, issued by the family courts, but the current data tells us little about the children who are subject to these draconian orders and what then happens to them.

We don’t know, for example, whether some groups of children are more likely to be subject to deprivation of liberty orders according to their ethnicity or disability. Nor do we have a clear picture of their needs, and whether these are being met once a deprivation of liberty order is made.

We currently lack data to help us piece together a clear picture of all the children who are currently deprived of their liberty, whether they are in youth custody, a mental health provision, subject to an order under the Court of Protection or on a Deprivation of Liberty order. These children have similar needs, but their experiences are often determined by which legal order is made.

“Since our original research began more children have been deprived of their liberty, yet the dots are not being joined up. Without better data it is impossible to understand how we can best improve the lives of these children.”

Policy discussions led by NFJO and partners continue to call for better cross-sector responses, bringing together children’s services, CAMHS, education and youth justice to prevent crisis-driven use of DoLs. But campaigners argue that without investment in regulated secure placements and specialist services, children will continue to be deprived of their liberty because there are simply no safe alternatives available.