What child wants to live in a DoLS house?

The deliberate pun aside, it’s a serious question and one that those of us who work within children’s homes need to address.

This might come across as a bit of a rant so I will do my best to keep it brief whilst simultaneously trying not to offend anyone!

A couple of weeks ago, I was on a training course and got chatting to the principle instructor about the sheer number of children in private children’s homes who have a DoLS order in place. We reflected on the reasons for this and what it means for the way that we provide care. We came at it from a behaviour support and safeguarding perspective which given the supposed purpose of DoLS isn’t a bad place to start from.

In my background in local authority homes for 20 odd years, I didn’t work with a single child who was subject to a DoLS, at least not inside a children’s home. I might be an exceptional case for a local authority worker, but I suspect I’m not. However, since cutting the apron strings and moving outside of the rarified climes of my LA, I have been astounded by the sheer number of referrals I’ve seen to private homes for children who comes with DoLS.

If we park the impact of such orders on the children themselves, the other children they live with and the staff for a while, we have to ask “why do so many children need a DoLS in the first place”?

Although never intended for children under 16, Deprivation of Liberty Safeguards (DoLS) are essential legal provisions designed to protect the rights of individuals who may be deprived of their liberty, particularly in care settings. In the context of children's homes, these safeguards are critical to ensure that the rights and welfare of vulnerable children are upheld. Children in care may sometimes be placed under restrictions for their safety or the safety of others. But why so many?

My own hypothesis is because it’s the easy option. More specifically it makes placing children easier. Providers and more likely to accept a child into their placement if they have a DoLS so a local authority will go out and apply for one to ensure that they can place the child. I’ve seen this first hand. It is also staggering about how little the social workers who so liberally use them, understand DoLS from a legal and also impactful perspective. It’s also mind blowing that they are so easy to get granted!

I think that if social workers and decisions makers took the time to actually understand a child’s behaviour and how this impacts upon their needs, then they would find depriving liberties as unnecessary in most cases, particularly such impositions do little to safeguard in the long term as children are prevented from developing the self management skills that they appear to be lacking in.

Then there is the impact on other people. DoLS impact on the ability to form relationships with staff. That’s not universal as some children might need to feel contained to build trusting relationships, but on the whole they place staff in the role of jailer.

Then there are the other children living in placement. It is naive to think that the restrictions placed on one child has no effect on the others. Aside from the practical implications of additional staffing, window and door locks, changes in practices and routines, the psychological impacts and the capacity for reconstructing anxiety and trauma should not be forgotten. What about when a home has more than one child on a DoLS?

It would be unlawful for a children’s home to operate as a secure unit but DoLS being used so widespread has turned some provisions into semi secure units where children are observed 24 hours a day and their rights have been slowly eroded and cheapened. It’s another case of legislation being bastardised to meet need but in this case, I think that it’s fine too far. I know from speaking to Ofsted inspectors, that they aren’t entirely comfortable with the current status quo, but in most cases don’t have enough to take decisive action.

Surely there has to be a better way? Surely local authorities and the courts need to sit up and pay attention. Surely providers can think outside the box when it comes to supporting children with complex needs and behaviour rather than relying on restricting freedoms as a long term strategy?

I think there is a conversation that is needed to be had.

A children’s home is not and should not be a DoLS house.