There are a number of options in circumstances where a young person is considered to need their freedom restricted. A child (generally but not exclusively between the ages of 13 and 17) can be placed in secure accommodation if the Court was satisfied that they have a history of absconding and is likely to abscond from any other description of accommodation and that if that young person absconds they are likely to suffer significant harm, or that if they are kept in any other type of accommodation they are likely to injure themselves or other persons.
The Local Authority can apply for a Deprivation of Liberty Order which would not involve the child going into secure accommodation but would restrict that young person’s freedom. A young person would be deprived of their liberty if they are both under continuous supervision and control and not free to leave.
Any step to restrict a young person’s liberty is clearly a very serious development.
A recent case has helped emphasise how a Deprivation of Liberty Order needs to be focused on the child’s actual circumstances and only when it is needed.
In a recent case, the Local Authority applied for an Order to authorise the possible deprivation of liberty of a 16-year old boy if his mental health and therefore behaviour were to deteriorate in the future. The Court refused that application by the Local Authority acknowledging that whilst the Court can make anticipatory Orders these are only to be made in exceptional circumstances. Therefore any application for a Deprivation of Liberty Order should be made according to the child’s actual circumstances. The situation needs to be looked at at the time in considering what is in the child’s best interests and an Order could not be made on a contingency basis – just in case it might be needed in the future.