The court orders depriving vulnerable children of their ‘liberty’

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The court orders depriving vulnerable children of their ‘liberty’
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How vulnerable children in England are detained in temporary accommodation under special 'draconian' court orders

Growing numbers of very vulnerable children in England are being detained in temporary accommodation under special court orders described as "draconian" by one senior judge.

The past year has been traumatic for her. FJ, who has been diagnosed with an autistic spectrum disorder, went into care 11 months ago after having self-harmed, attempted to take her own life, and having run away from her family home. The orders are not new, but local authorities are increasingly turning to them to accommodate vulnerable children. FJ's order means she cannot meet her friends without an adult present - or freely access the internet.

Although she has made progress learning to manage those feelings, the document states that future uncertainty is heightening "the risk to herself such as self-injury through cutting, biting, misuse of medication or running away. She can become angry and impulsive which leads to incidents of aggression with others."

Like FJ, he has autism. He also has attention deficit hyperactivity disorder and Tourette's syndrome. Since being taken into care at the age of five, he has been through more than a dozen placements. If QV was a year older, the rules would be different. Local councils have to provide accommodation for 16- and 17-year-olds, but they can be housed in so-called "unregulated" settings which don't have to be registered with Ofsted. These settings are not children's homes, but are usually rooms or flats where older teenagers - on the verge of independence - learn to look after themselves.

The urgent referral list for secure places has reached record levels, as Mr Justice Macdonald noted in his 3 November judgment for FJ and QV: Both York and Derby councils said they were working with providers to get the unregistered placements registered as quickly as they could. "The High Court is not a regulatory body and nor is it equipped to perform the role of one," he wrote.

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