Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, further to the Written Answer by Lord Bellamy on 8 March (HL5707), what assessment they have made of the Nuffield Family Justice Observatory report What do we know about children and young people deprived of their liberty in England and Wales?, published on 9 February 2022; and what steps they plan to take in response to the recommendations for collecting and publishing data made in that report.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department welcomes the Nuffield Family Justice Observatory’s report ‘What do we know about children and young people deprived of their liberty in England and Wales’, and recognises the growing concerns regarding deprivation of liberty (DoL) cases. Children and young people deprived of their liberty are some of the most vulnerable children in society.
The newly launched National DoLs Court has helped the judiciary and the government gain more robust data and a greater understanding of this cohort of children who are often the subject of DoL proceedings, which requires a cross-system response.
The department accepts that there is a need for more robust data and will be meeting with the Ministry of Justice, HM Courts and Tribunals Services, and Nuffield to discuss their recommendations. Officials are meeting with Nuffield on 19 April. As data collection continues, we will be able to better understand the number of children placed in different settings, their characteristics, experiences and outcomes.
Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what information, if any, they collect from the National Deprivation of Liberty Court on increases in (1) 'inherent jurisdiction' unregulated placements, and (2) non-legally compliant 'secure accommodation' placements; and whether they can provide a breakdown of this information by (1) age, (2) gender, and (3) race.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department does not collect information from the National Deprivation of Liberty Court on the number or characteristics of children subject to a Deprivation of Liberty Order.
The Nuffield Family Justice Observatory are collecting data from the national court over a pilot period and publishing monthly to improve our understanding of the cases that are being heard by the court. Further information can be accessed here: https://www.nuffieldfjo.org.uk/news/nuffield-family-justice-observatory-to-monitor-data-from-new-national-dols-deprivation-of-liberty-court.
It is important to note that a setting that provides care and accommodation is subject to regulation and must be registered as a children’s home. Where a deprivation of liberty order involves a setting that is not registered as a children's home, guidance issued by the President of the Family Division is clear that an application to register the provision with Ofsted must be made within seven working days from the date of the deprivation of liberty order. Further information can be accessed here: https://www.judiciary.uk/guidance-and-resources/addendum-to-practice-guidance-placements-in-unregistered-childrens-homes-in-england-or-unregistered-care-home-services-in-wales/.
Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, further to the increase of 462 per cent in applications for Deprivation of Liberty orders over the last three years, what plans they have (1) to ensure that there is appropriate secure accommodation for children affected by these orders close to where it is needed, and (2) to avoid children from England being sent to Scotland or being detained in unsuitable places such as hospital wards.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
In England, the statutory responsibility for ensuring a looked-after child or young person is in the appropriate placement rests with local authorities, as they are best placed to understand the specific needs of individual children in their care. Local authorities have a duty to ensure sufficient appropriate provision for all the children they look after.
The department recognises that some local authorities sometimes find it difficult accessing the most appropriate accommodation, particularly for children with the most complex needs, and that children are sometimes placed in locations away from home, when they may be better served by a placement in their local area, if available.
The department is taking significant steps to support local authorities to fulfil their statutory duties. Between now and 2025, £259 million will be made available to develop and expand the provision of both secure and open homes, to reduce out of area placements, to provide for children with complex needs, and to promote innovative practice to maintain placement stability.
Furthermore, Ofsted has recently taken steps to make the process of registration more straightforward to support local authorities in increasing the placement options available to them. Ofsted has also issued guidance on registering a multi-building children's home, enabling a home to accommodate up to six children in up to four buildings, within one single registration.