Deprivation of Liberty Solicitors (DoLS)
We provide a free legal aid assessment for child care cases, helping you find out if you’re eligible for support with your legal fees.
In the event that a child or young person needs to be placed in a setting that significantly restricts their freedom, the local authority must seek authorisation from the court. Without this, the child may be unlawfully deprived of their liberty, which is a breach of their fundamental human rights.
At Cartwright King, our specialist child care solicitors provide expert advice and representation in deprivation of liberty cases. We act for parents, children and young people, and other parties involved in care proceedings.
What is a Deprivation of Liberty Order?
A child may be considered deprived of their liberty if they are under continuous supervision and control, are not free to leave, and are unable to consent to their living arrangements. This can apply in settings such as, secure accommodation, children’s homes, residential placements, or foster care with high levels of restriction.
Examples include children who are placed in homes where doors are locked, who are constantly supervised, or who are not permitted to go out alone due to concerns for their safety.
In these circumstances, the High Court can authorise restrictions through a Deprivation of Liberty Order. Furthermore, these applications are now managed through the National DoL Court, a specialist list within the Family Division of the High Court.
Time-Limited Orders and Reviews
Deprivation of liberty orders for children are always time-limited. An initial order may only authorise restrictions for a short period, and the case must be returned to court if any extension is required. This means that the restrictions are regularly reviewed to ensure they remain necessary and proportionate to the child’s needs.
Best Interests and Human Rights
Every case must balance the child’s safety with their fundamental right to liberty under Article 5 of the European Convention on Human Rights. While restrictions are sometimes necessary to protect a vulnerable child, they must always be the least restrictive option available and in the child’s best interests.
Who We Help
We represent parents involved in proceedings where a local authority seeks a deprivation of liberty order for their child. We also act for children and young people directly, ensuring that their welfare and rights are at the forefront of any decision. Additionally, in some cases, we may represent other parties with an interest in the child’s care and living arrangements.
Funding and Legal Aid
Legal Aid can be available for indivudals with parental responsibility who are party to Deprivation of Liberty proceedings, subject to a means and merits test. Furthermore, Legal Aid is also available for any children or young persons who are subject to the proceedings. on of liberty orders for children. Parents and children may qualify for funding, subject to eligibility. Where legal aid is not available, we will provide clear advice on costs and funding options.
Why Choose Cartwright King?
Deprivation of liberty orders for children are some of the most sensitive and challenging issues in child care law. Our solicitors bring together specialist knowledge of child protection and care proceedings with experience in the High Court. We provide support to families across England and Wales, ensuring that the child’s welfare is prioritised while their rights are safeguarded.
Contact Our Child Law Solicitors
If you are facing proceedings involving a deprivation of liberty order for a child, or are worried about the restrictions placed on a child’s freedom, contact Cartwright King today. Our child law solicitors are here to advise and represent you.
Call us on 0345 894 1622 or complete our online enquiry form, and a member of our team will get back to you.