In 2017/18, there were 103 Deprivation of Liberty (DoL) applications in England, while in 2023/24, there were 1,238.

The latest data showed that 21% of DoLs in England and Wales lasted more than 12 months and 57% of those subject to an order were aged between 13 and 15. The orders are the most extreme intervention the state can make to keep children and others safe. They mean a child must live somewhere they are not free to leave or are put under continuous supervision.

The increasing use of the orders in England and Wales, which stop young people from leaving places they are put in by local authorities, has put further pressure on available accommodation with suitable facilities often unavailable. 

As a result, Ofsted and charities have warned that at-risk children were losing their freedom and are often placed in unsuitable accommodation. The children concerned are often severely traumatised by abuse and neglect, and have complex needs requiring high levels of skilled care and supervision.

In one example a child aged 15 was placed in a secure adult facility in Shrewsbury where she allegedly had to "sleep with the door open with a nurse watching" before being moved to a secure children's hospital in Manchester, and then a unit in Peterborough.

A report by the Children’s Commissioner in December 2024 found many children who were subject to a DoL end up living in temporary accommodation like "holiday camps, activity centres or caravans" because of the lack of suitable places in registered children's homes, describing it as "a national scandal".

The shortage has meant children have been placed in unregistered homes, supervised by agency staff and often without access to education or psychological input. Charities have expressed concerns that DoLs were no longer a last resort and were being used more often than they should.

Ofsted advised that 12% of children placed in the unregistered settings that they investigated last year were subject to a DoL. Yvette Stanley, Ofsted's national director for social care commented that "these are some of the most vulnerable children in care. They should not be placed in settings with no regulatory or independent oversight."

Last November, homes not registered by Ofsted became illegal for children in care or care leavers up to the age of 18. The Department for Education said: "It is entirely unacceptable that due to a shortage of placements that cater to complex needs, vulnerable children are being housed in inappropriate, unregistered accommodation.” 

The market for children’s social care placements has long been considered as ‘broken’ and the lack of suitable provisions frequently means that the needs of the most vulnerable and at-risk children are not yet. 

Whilst the Government say that they are working to ensure that suitable provisions are available for all children it is not clear how this will work in practice, and it is likely that Local Authorities will continue to use unregulated placements for the foreseeable future, despite the risks, given the lack of alternative options.