What the Children’s Commissioner’s Report Reveals About Illegal Children’s Homes: A Practitioner’s Perspective

Written by Emma Cordock, Director (Manchester and North of England) – Children Law, Cartwright King Solicitors

As a solicitor who represents children in public law proceedings, including those subject to deprivation of liberty orders, this report is extremely important and insightful.

For practitioners working closely with children in care, much of what is described will already be familiar. The report offers a clear and careful account of the circumstances faced by children living in unregistered or unlawful settings and provides valuable data that supports what many professionals encounter in practice. It highlights not only issues of legality, but also the wider consequences for children’s stability, wellbeing, and sense of security.

The Use of Unregistered Placements

One of the report’s key contributions is in showing how the use of unregistered placements has become a recurring feature of the system, particularly for children with the most complex needs. Settings such as unregistered houses, holiday accommodation, or other temporary arrangements are sometimes used as a response to immediate pressure on local authorities, but the report makes clear that these placements remain unlawful.¹

From a legal standpoint, this raises important questions about compliance with statutory duties. From the perspective of children, these arrangements often result in disruption, limited oversight, and uncertainty at times when consistency and support are most needed.

Children Subject to Deprivation of Liberty Orders

The findings relating to children subject to deprivation of liberty orders are especially concerning. In my own work, I act for children whose liberty is restricted in settings that may lack the therapeutic input, safeguards, and regulation associated with lawful provision. The report confirms that such children are frequently placed out of area, at significant cost, and often in environments which struggle to meet their assessed needs.

The report appropriately questions whether some of these placements can genuinely be regarded as the least restrictive option. While decisions are often made under considerable pressure, there is a clear need for greater scrutiny of how risk, care, and restriction are balanced in practice.

Listening to Children’s Experiences

The case studies included in the report provide an important reminder of the human impact behind the data. The experiences described by children—feelings of fear, isolation, lack of privacy, and inconsistent care—reflect themes that practitioners hear repeatedly. These outcomes are rarely the result of individual failings, but rather of a system operating under strain and responding to need through crisis measures.
One child’s statement, “you might think I’m just another child in care but I am not—I am a human,” captures the importance of keeping children’s dignity and lived experience at the centre of decision making.

Reflections on the Recommendations

The report’s recommendations offer a constructive and practical framework for change. In particular, the emphasis on joint funding across government departments, improved enforcement and oversight, clearer duties on local authorities, and a more coherent approach to high needs provision is welcome.
Crucially, the report recognises that addressing unlawful placements requires not only stronger regulation, but a significant increase in lawful, properly resourced provision. Without such investment, local authorities will continue to face difficult choices in the context of limited options.

Moving Forward

This report does not present unfamiliar concerns, but it brings together evidence that reinforces the need for sustained and coordinated action. Legislative reform will be important, but it must be accompanied by adequate funding, workforce development, and a shared understanding of what safe, lawful and therapeutic care should look like for children with complex needs.

Overall, this is a thoughtful and timely piece of work. I welcome its publication, support its conclusions, and hope it contributes to meaningful progress in how the system responds to some of the most vulnerable children in our care.

Full Report here – https://assets.childrenscommissioner.gov.uk/wpuploads/2026/01/cc-illegal-childrens-homes-Jan-26.pdf