Children’s Wellbeing and Schools Act 2026 — Will write letters: Letter from Baroness Smith to Baroness Berridge regarding Clause 11: information on the small number of children who are on a deprivation of liberty order were not looked after at the time of the application, and who would not be able to be deprived of their liberty under section 25 of the Children Act 1989.

The Rt Hon Baroness Jacqui Smith
Minister for Skills
Department for Education Sanctuary Buildings 20 Great Smith Street London SW1P 3BT
tel: 0370 000 2288 www.education.gov.uk/contactus/dfe

The Baroness Berridge
House of Lords
London
SW1A 0AA
Wednesday 25th June 2025

Dear Baroness Berridge,

I am writing to you following my commitment, during the Clause 11 debate on Day 5
of the Children’s Wellbeing and Schools Bill Committee, to provide more information
on the small number of children who are not looked after at the time an application is
made to the High Court for a deprivation of liberty order, and who would not be able
to be deprived of their liberty under section 25 of the Children Act 1989.
As you referenced during the debate, Nuffield Family Justice Observatory research
has found that a small proportion (under 4%) of children on a Deprivation of Liberty
Order made under the inherent jurisdiction of the High Court were not looked after
children at the time of the application. A child who is not looked after may
nonetheless have significant special educational needs and disabilities or mental
health needs that mean a deprivation of liberty order is required to keep them safe.
You specifically asked whether this small proportion of children will still require the
inherent jurisdiction of the High Court to authorise their deprivation of liberty.
Authorisation by way of the inherent jurisdiction for children who need to be deprived
of their liberty for their own safety and the safety of others will remain as an option of
last resort if the state is responsible for depriving the child of their liberty, where there
is no other statutory mechanism available. This will continue to ensure children are
not deprived of their liberty unlawfully, and the High Court is able to adapt its order to
the specific child in question and their needs.
Reducing the risk of escalation such that a deprivation of liberty is not required is
fundamental. We have recently commissioned independent research which will help
build the evidence around how children’s needs escalate as well as different
interventions and their impact on children’s outcomes. Furthermore, we will be
testing and evaluating an integrated multi-disciplinary assessment, commissioning
and delivery model in the South East Regional Care Cooperative, looking at how
systems can work effectively together to meet the needs of children.

Details of the government's intended approach to SEND reform will be set out in a
White Paper in the autumn, including for early years and post-16. We want to make
sure that other departments are involved in, and aligned with, our plans for the future
of SEND. In line with our Plan for Change, I know that ensuring that the SEND
system works well, so all children can achieve and thrive, is a shared priority with
colleagues across the cabinet.
Thank you again for taking the time to engage on these matters. I hope these further
details have been useful and I will place a copy in the House libraries.

Yours sincerely,

The Rt Hon Baroness Jacqui Smith
Minister for Skills