Deprivation of Liberty Orders
What They Are, Why They Are Being Used, and What Youth Justice Professionals Need to Know
Deprivation of Liberty (DoLs) Orders represent one of the most profound interferences with a child’s rights, yet they are increasingly used for children involved in the youth justice system — often outside established statutory safeguards. As secure accommodation has become scarcer, local authorities are turning to the High Court’s inherent jurisdiction to authorise severe restrictions on children’s liberty, frequently in unregulated and unsuitable placements.
This practical guide explains what Deprivation of Liberty Orders are, why they are being used, and what legal and youth justice professionals must understand to safeguard children subject to them.
Produced by the Youth Justice Legal Centre, the guide demystifies a legally complex and fast‑developing area, combining clear explanation with practical advice for practitioners working across family and criminal justice systems.
What this guide covers:
- What a Deprivation of Liberty is under Article 5 of the European Convention on Human Rights
- How DoLs Orders differ from Secure Accommodation Orders under the Children Act 1989
- The use of the High Court’s inherent jurisdiction to authorise deprivation of liberty outside statutory regimes
- Why the use of DoLs Orders has increased dramatically in recent years
- The roles of local authorities, the courts, guardians, social workers and lawyers in DoLs proceedings
- Welfare justifications for DoLs Orders and the risks when secure beds are unavailable
- The legal and practical consequences of placing children in unregistered or unregulated settings
- The creation and role of the National Deprivation of Liberty Court
- Cross‑border placements, including placements of children from England and Wales in unregulated accommodation in Scotland
- The significant safeguarding, legal and procedural concerns raised by such placements
- What youth justice practitioners can do when a child before the criminal court is subject to a DoLs Order
- How to raise DoLs issues in reports, submissions and multi‑agency decision‑making
The guide also provides clear, practical steps for youth justice professionals on working effectively with children on DoLs Orders, supporting inter‑court communication, and challenging practices that risk unnecessary criminalisation or rights breaches.
Who this guide is for:
- Youth Justice Service professionals
- Defence lawyers and prosecutors
- Judges and magistrates
- Children’s social care practitioners
- Anyone working with children subject to both care proceedings and criminal processes
If you work with children whose liberty is restricted for welfare reasons, this guide equips you with the legal understanding and practical tools needed to navigate DoLs Orders, advocate for children’s rights, and ensure that deprivation of liberty is properly scrutinised, proportionate and lawful.
Download now for authoritative guidance on Deprivation of Liberty Orders and child‑centred practice in this critical area.