On 14 August 2023, Ofsted published guidance for providers, social workers and commissioners on placing children who are subject to a deprivation of liberty order (“DoL”) in unregistered settings. The guidance titled, ‘Placing Children: deprivation of liberty orders’ (“Guidance”) should be read by providers who provide care to looked after children in the following settings:
- A children’s home in England (including an unregistered children’s home)
- A care home service in Wales (including an unregistered care home service)
The Guidance states that it should be read alongside the President of the Family Division guidance titled, ‘Practice Guidance: Placements in unregistered children’s homes in England or unregistered care home services in Wales’ (November 2019).
Deprivation of liberty orders
A child is considered to be deprived of their liberty if they are subject to continuous supervision and are not free to leave the place they are residing in. For example, a children’s home or a residential placement. Children subject to a DoL generally require high levels of care and supervision.
A DoL order authorised by the Court makes it lawful for a child to be deprived of their liberty and the order clearly sets out any restrictions that are in place.
Unregistered Settings
Providers who provide placements for a child subject to a DoL are legally required to be registered with Ofsted in England or CIW In Wales. It is an offence to operate or manage a children’s home in England or a care home service in Wales without registration. Therefore, it is important that any unregistered providers caring for children subject to a DoL apply to be registered with the regulator.
The Guidance states that unregistered providers who apply to be registered with the regulator, “should inform the local authority who has placed the child about the steps taken to register” and, “keep the local authority informed of the progress of the registration application at all times”. The reason for this is because the registration status may be considered by the court when making decisions in relation to the DoL.
