[002.23] Alarming Rise in Restrictions on Vulnerable Children’s Liberties

Research into applications made to the Deprivation of Liberty court, located at the Royal Courts of Justice, reveals concerning findings regarding the restriction of vulnerable children’s movements and freedoms. The court, operating as a 12-month pilot since July last year, aims to handle cases involving the deprivation of a child’s liberty.

These court orders can involve confining a child to their room or restricting their access to technology, such as phones or social media. On average, there are 116 applications per month, with the highest number occurring in March of this year. However, the figure dropped to 88 in April.

Since the court’s launch until April this year, a total of 1,139 applications have been issued, including 76 repeat orders related to changes in application details. The research conducted by the Nuffield Family Justice Observatory indicates that 1,069 children have been affected by these applications.

The applications have been made by 151 councils and 21 other entities, often hospital or mental health trusts, seeking to limit the liberty of children in hospitals who are not already under the care of a local authority.

Regional analysis shows that over a fifth of applications come from councils in the North West of England, while London local authorities account for 17.2%. The fewest applications originate from councils in the North East. This regional distribution has remained consistent throughout the pilot’s first 10 months.

Nearly 60% of the applications pertain to children aged 15 to 17, with 15-year-olds being the most affected group, representing over a quarter of the orders since July. Additionally, Nuffield’s research indicates that 1.3% of applications are for children aged 10 or younger.

Slightly more girls than boys are subject to these applications, according to the findings.

[001.23] Preparing for the new Supported Accommodation Regulations

On the 19th of April, I had the honor of presenting at the FEVACA Conference on Supported Accommodation, where I delivered a communication highlighting how FEVACA has diligently prepared for the new regulations. It was an invaluable opportunity to share insights, strategies, and best practices in navigating the evolving landscape of supported accommodation.

During my presentation, I emphasized the importance of proactive measures in response to regulatory changes. With the implementation of the new Supported Accommodation Regulations, FEVACA has taken proactive steps to ensure compliance and enhance the quality of care provided to individuals in need.

One key aspect of FEVACA’s preparation involved a thorough analysis of the new regulations and of the sector, allowing FEVACA to anticipate the regulations and be prepared for its implementation. This proactive approach allows FEVACA to continue delivering high-quality support services while maintaining regulatory compliance.

Furthermore, it is FEVACA’s approach to prioritize staff training and development to equip its team members with the necessary knowledge and skills to implement the new regulations effectively, continuing to deliver high-quality and caring support.

Looking ahead to the 24th of May, I am thrilled to announce that I will be presenting another communication on the practice implications of the new Supported Accommodation Regulations, specifically focusing on the Do’s and Don’ts. This communication aims to provide practical guidance to providers in navigating the regulatory landscape and ensuring compliance in their day-to-day operations.

During the upcoming presentation, I will delve into the specific Do’s and Don’ts that providers should be aware of in order to deliver high-quality care while adhering to the regulations. By highlighting best practices and common pitfalls, this communication will equip providers with actionable insights to enhance their service delivery and resident outcomes.

Topics to be discussed will include person-centered care, young people’s rights and dignity, staff training and development, effective communication strategies, privacy and confidentiality, and fostering a safe and inclusive environment. By addressing these crucial areas, providers can ensure that their practices align with the regulatory requirements and ultimately provide the best possible support to individuals in supported accommodation.

[006.22] Is OFSTED fit for purpose?

Following several news regarding poor practice and safeguarding concerns together with the children social care independent review, an usual debate on the “children social care internet” is regarding how fit OFSTED might be to fulfil its responsibilities of regulating and inspecting the sector, especially in what regards to Residential Children’s Homes.


Some believe OFSTED needs to do more, and some believe it is doing what it can, but it seems a general understanding that much more could be done to improve the impact that OFSTED should have to promote a better system. It is common the discussions around the lack of inspectors and, in some moments, professionals have expressed their concerns regarding how prepared and trained current OFSTED inspectors are.


Recently there was also a discussion about a pilot that OFSTED is implementing that will see managers from children’s home providers, inspecting other provisions, which can be a very complex and dangerous situation, but I will wait for more clarification around this before further comments.


Regarding the topic of this post, is my understanding that OFSTED is struggling with the lack of (experienced) inspectors, facing a situation where inspectors are leaving to other organizations and some due to their age. To make things worse, we are now expecting the minimum standards for supported accommodation, meaning that the number of inspectors needed will increase even more. I also believe that the current inspection framework is outdated and should be restructured together with the necessary changes to accommodate the new supported accommodation provisions and the changes that will potentially arise from the Children’s Social Care Review.


So, what could be done?

One of the Review’s recommendations was to replace the Independent Visitor (and IRO) role with an independent advocate. I do not agree with this recommendation, but as I wrote in July last here, I do agree that having Reg. 44 visitors could not be necessary if the children’s homes could have an OFSTED inspector that would be more present in the review of the development of a child’s placement


Currently, it will be normal if a children’s home will have only one inspection per year, meaning that inspectors would only visit the home 2 days a year. However, the reality and dynamics of a children’s home can change so fast, that this does not allow inspectors and OFSTED to have a clear understanding of how well are children protected and how positive is being the progress of their placement. Having an OFSTED inspector more present in the home, more in contact with the children leaving there and the professionals working there would be a positive change to guarantee and promote better care and better outcomes for each child.


As an example of this, I have recently seen two reports where there were significant changes in the overall judgment of a Children’s Home in a very short period:

  • Case 1: Outstanding in March 2020, RI in December 2021, Declined in Effectiveness in March 2022 and Good in June 2022
  • Case 2: Good in December 2021 and Inadequate in June 2022


Being more present, would also mean that the OFSTED inspector would be a familiar face to each child leaving in the home, could be someone to which the child would talk and go if they would be facing any difficulties, as well as it would be more knowledgeable of the changes that might happen at several different levels in a Children’s Home.


The financial aspect might be an issue, but I believe that if the amount that each provider pays for the service of the Reg. 44 visitors would be redirected to OFSTED this could be possible. Nevertheless, even if it would imply an increase in OFSTED’s budget, it would be something with a potentially very positive impact on the life of the children in care.


This means that there will not be an inspection that will focus on a specific moment in time but on an ongoing inspection and oversight of the provisions and the progress of every children’s placement.


This will also allow (even if it would be possible – and positive – without the above) to stop the current judgments and ratings in reports. Reports should continue being published, together with providers’ comments on those reports, but should not include a judgment.


The children, the families, the Local Authorities and the providers will then be able to stop focusing on a sentence or on a rating/judgment and focus on the content of the report, on the progress shown, on the ability and capacity to deal with any shortcomings or issues that were raised. With the above, there would be more reports, more moments where the inspector would be in the home, better knowledge and understanding of the child, the placement and its dynamics and, especially being able to develop a relationship with the child.

[005.22] I know that you are afraid. I will do my very best to make sure you are safe

At the end of last week, we woke up with the news of war in Europe. I’m not going to discuss the responsibilities and the actions that led to this war (I will leave that for other posts – and twitter…), but it is expected that in the next days and weeks we will have more and more news about a war that is not that far from us. And we need to be aware that this news can have an impact on our children and young people, as it can be particularly troublesome.

Following the advice from the American Academy of Child and Adolescent Psychiatry, let’s make an additional effort to (a) monitor the ammount of time children watch news shows, (b) make sure there is adequate time and a quiet place to talk following an upsetting broadcast, (c) watch the news with children, (d) ask what they have heard and what questions they may have, (e) provides reassurance regarding their own safety, and (f) look for signs the news may have triggered fears or anxieties, including sleeplessness, night terrors, bedwetting, crying, or talking about being afraid.

When discussing TV violence with our children and young people, please make sure you are age-appropriate, and always acknowledge their fears and reassure them of their safety. Children who have seen violent acts on TV (even if in movies) may become fearful that such things might happen to them. Acknowledge their fears and reassure them

[004.22] because it is important to learn with history…

Below is the Auschwitz Memorial statement on the situation in Ukraine.

I would just underline the last sentence:

“the free and democratic world must show if it has learned its lesson from the passivity of the 1930’s. Today, it is clear that any symptom of indifference is a sign of complicity”

[003.22] practice guidelines for children’s social care

The last few days have been very interesting in regards to publications with guidelines or practice guidance for everyone that works with children or young people. These documents cover areas as LGBTQ+, sexual abuse or asylum-seeking.

Supporting LGBTQ+ Young People
Research in Practice has published a briefing document to help build basic knowledge and understanding, and encourage reflection around supporting LGBTQ+ young people. There are references and links to resources to support conversations with practitioners, foster carers and others. By sharing messages from research, including what LGBTQ+ young people want from professionals and services, it is hoped it can contribute to more inclusive support to all children and young people.

The document is available here.

Stages of a Young Person’s Asylum Journey
Right to Remain has created an interactive young person’s guide to the asylum process with details of the process and with ‘problem cards’ which cover lots of the key worries young people have and possible actions they can take. It is a very useful resource for all staff working with children and young people that are seeking asylum.

The interaction guide is available on this webpage.

Communication with children victims of Sexual Abuse
The Centre of Expertise on Child Sexual Abuse has published a practice guidance to help give professionals the knowledge and confidence to act when a child or young person is able to share with us that they are being victims of abuse and to knows how to recognise what is happening and understands how to help the child to have that conversation,

The guide is accessible here.

[002.22] is this really a surprise?