Children deprived of their liberty require better access to legal aid

Civil legal aid is an essential public service that protects and strengthens our community, reducing the strain on other public services.

According to the latest figures published by the Ministry of Justice (MoJ), there were 1,280 applications to the High Court for 'deprivation of liberty' orders for children in 2024. Of these, 132 were 12 years old and under, 734 were between the ages of 13-15, and 414 were between the ages of 16-18. This marks a further 120% increase since the 2020/21 figures, which had already seen an increase of 462% since 2017/18.

Deprivation of liberty cases restrict children’s freedom to keep them safe, significantly impacting their lives, yet advice and representation for parents and carers in these situations is not automatic.

Deprivation of liberty orders are increasingly being used to place children in unregistered accommodation, often far from their families and support networks due to a lack of secure children’s home places. By comparison, there were only 261 applications for secure accommodation for children in 2024.

Law Society president Richard Atkinson said, "Making legal aid accessible is vital to ensure families are not left with the uphill struggle of representing themselves. These are distressing cases with children who may have faced trauma and/or have physical and mental disabilities. Research shows that 88.5% of parents and carers were not represented at any High Court deprivation of liberty hearings. Strict financial rules in these cases mean parents and carers are not automatically entitled to legal aid representation and advice, leaving them to face these complex legal issues alone. Our own research demonstrates that even those living in poverty may not be entitled to full legal aid. The Children’s Wellbeing and Schools Bill is an opportunity for the government to level the playing field in these cases, ensuring families with children at risk of deprivation of liberty are automatically entitled to legal aid and have fair access to legal advice and representation. Broadening the legal aid means test would make this vital public service accessible to families with children at risk and save the courts time and money in the long run."