The Department for Education published a report on findings from research by Research in Practice and the National Children’s Bureau. The report includes a systematic evidence review; analysis of 21 social work case files from four local authorities; case studies of three innovative examples of residential provision and a brief review of case law in relation to deprivation of liberty.

The project was commissioned in the context of escalating use of Deprivation of Liberty Orders. Evidence shows that over 2,500 children and young people were deprived of liberty in response to mental health, safeguarding and welfare concerns in 2023/24. The use of the High Court’s inherent jurisdiction – once seen as a last resort – had become the most common legislative route for deprivation of liberty of under 18-year-olds in response to these issues.

However, evidence shows that individual children and young people are experiencing deprivation of their liberty under various types of Order. The upsurge in the use of the inherent jurisdiction of the High Court is a symptom of insufficiency of suitable provision. This leaves children and young people in unregistered or unsuitable accommodation, which may be far from home and supervised by inexperienced and underqualified staff.

The research builds our understanding of a fragmented system struggling to meet the needs of children and young people with experience of developmental trauma, mental health and safeguarding concerns.

The work also brings examples of integrated responses of health and social care working together effectively to provide residential care, and a workforce supported to meet the needs of these children and young people.

New residential provision must be wrapped around with earlier intervention and ‘step down’ support

The data suggest that significantly more children and young people are now at risk of or subject to restrictions on their liberty due to welfare and mental health concerns than was the case a decade ago. Most have been known to services for many years. They have often experienced repeated short-term interventions, periods in and out of care, multiple placement breakdowns, long waits or lack of access to mental health support.

The findings highlight promising approaches and frameworks for integrated care. Local authority-led homes showcased trauma-informed, relationship-based approaches with joint health and social care funding. These homes prioritised keeping children local, therapeutic support in homely environments and clinical teams support to the staff providing day to day care in the homes. International examples also point to a shift toward small-scale, community-based care.

The Children’s Wellbeing and Schools Bill aims to create a statutory framework to further develop secure care in therapeutic settings.