Secure accommodation and deprivation of liberty – core principles and practice update 2026

Secure accommodation and deprivation of liberty applications remain among the most complex and challenging areas of public children law. Practitioners must navigate a rapidly developing legal landscape alongside ongoing pressures arising from the limited availability of suitable placements and resources.

This webinar provides a practical update on the key legal and procedural developments in this area, drawing on recent case law and legislative changes. It will explore the core principles governing these applications and offer guidance on the effective conduct of cases, whether acting for the applicant or respondent.

The position in both England and Wales will be considered.

Topics covered include:

• Secure accommodation orders in children cases – how do these operate?
• What weight does the secure criteria review have on decision making?
• When is a restriction a deprivation of liberty, as opposed to a deprivation of liberty? issue as to consent of the child
• Lack of secure accommodation units and the steps/actions that can be taken
• Need for DOL authorisation and implications if not sought-
• Lack of placements – what can be done?
• Revised national listing protocol for applications that seek Deprivation of Liberty Orders relating to children under the inherent jurisdiction
• Dol applications and Mental Health Act 1983
• Impact of Re J [Local Authority consent to Deprivation of Liberty] [2024] EWHC 1690 (Fam] – and the appeal in Re J (A Child) 2025 EWCA Civ 478. Is S.33 (3) still appropriate?
• Impact of the ‘Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998’ [2026] UKSC 16