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New data shows deprivation of liberty applications continue to rise

New data from the Ministry of Justice (MoJ) shows that 393 children were subject to deprivation of liberty (DoL) applications in the first quarter of 2026. 

This represents a 22% increase from the equivalent quarter in 2025 and the highest quarterly number of applications since the MoJ started collecting data in July 2023. Nearly two-thirds (64%) of the applications were for children aged 13–15, with 10% of applications for children under the age of 12.

This quarter, girls slightly outnumber boys, with 52% of applications made for girls, and 47% made for boys. 2% of applications were for children who identify as ‘Other’ or ‘Prefer not to say’ – which includes non-binary and transgender children. 

There has been extensive use of DoL orders over the last two years, and a fourteenfold increase since 2016/17 (according to data collected by Cafcass during this period). This latest data suggests that the upward trend continues.

While giving us a good idea about the number of applications made, the data is limited in what it can tell us about the children involved. It does not tell us how many of these children may have been on a DoL order before, why an application was made, the ethnicity of children, their circumstances, or the additional needs they may face. It also does not tell us how long they may have been deprived of their liberty for (forthcoming Nuffield Family Justice Observatory analysis may provide further insight into some of these questions). 

How does this compare to applications for secure accommodation orders?  

DoL applications – which should only be made where other provisions are exhausted or inappropriate – vastly outnumber applications to place children in registered secure accommodation (such as a secure children’s home), with only 67 secure accommodation applications this quarter. This is often due to a severe shortage of places and options.   

Changes to deprivation of liberty 

On 2 June 2026, the UK Supreme Court published a judgment changing the definition of deprivation of liberty. The ruling is likely to affect the number of children deprived of their liberty where this is authorised through the Court of Protection or the High Court’s jurisdiction. This most recent data, which relates to applications between January to March 2026, does not reflect this change.  

We will be publishing a briefing on the implications for children.  

Towards a new ecosystem of care   

Our research has highlighted how children on DoL orders have intersecting needs related to mental health concerns, self-harm, disability and/or experiences of criminal and sexual exploitation. Many will have long histories of trauma and involvement with services. But it is often the combined impact of these multiple and intersecting needs – rather than the impact or ‘severity’ of any individual risk factor – that increases a child’s vulnerability to receiving a DoL order.  

The high use of DoL orders is reflective of gaps in earlier and timely support for children and families, fragmented services, limited suitable accommodation and a lack of coordinated care that responds effectively to trauma. Children are often in contact with multiple disconnected agencies that have different thresholds for support, leading to gaps in responsibility and inter-agency disputes. Children fall through these gaps. There are issues around how risk is responded to and managed when children are living in the community and a focus on risk-management in the short-term over long-term well-being.

There is an urgent need to reset services for children who are experiencing the greatest vulnerabilities in our society. A new ecosystem of care would put children’s long-term well-being at the centre, with children and their families listened to and involved in decisions. It would mean health, children’s social care, police and education working together to better support them. Children deserve care from professionals who have a full understanding of their needs and who can work seamlessly together to meet them. Lisa Harker, Director, Nuffield Family Justice Observatory.

A peer collaborative, convened by Nuffield Family Justice Observatory, shared insights about how children in complex situations can be cared for differently in their regions – Caring for Children in Complex Situations: Five Learning Points and a Case for Change and Caring for Children in Complex Situations: Towards a New Ecosystem. This provides insights for leaders in social care, health, youth justice, family justice, police and education services about innovative approaches and what is needed for local systems to reimagine a better way of working.  

For further information about the needs and characteristics of children subject to deprivation of liberty orders, read our research here.  

To receive our bulletin about improving care for children experiencing and living in complex circumstances sign up here.

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