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A human rights expert has accused the Welsh Government of lacking urgency in dealing with what a senior judge called the “single biggest crisis point” for vulnerable children.

Rhian Croke, from the Children’s Law Centre based at Swansea University, expressed concerns about ministers’ sluggish response to a Senedd inquiry’s recommendations.

The Senedd’s children’s committee called for an analysis of the use of deprivation of liberty orders – court orders which severely restrict children’s freedoms – by December 2023.

But, nearly two years on, Dr Croke warned: “We have not seen any evidence that the Welsh Government has completed or published the analysis it committed to undertaking.”

She added: “While we welcomed this commitment, we noted at the time that the response lacked urgency and did not set out a clear action plan to address the immediate needs of the highly vulnerable children affected by deprivation of liberty orders in Wales.”

‘Absolutely desperate’

Dr Croke explained: “Some children with complex needs require placement in secure accommodation, if there is a risk to their safety and/or others.

“However, where placements are unavailable or unsuitable… the high court may use its inherent jurisdiction to authorise deprivation of liberty, often resulting in children being placed in unregulated or unregistered accommodation – sometimes far from home.”

Nicholas Francis, then-family division liaison judge for Wales, echoed concerns about a rise in deprivation of liberty (DoL) orders due to a lack of suitable secure accommodation.

Giving evidence to the children’s committee inquiry in 2023, Sir Nicholas told Senedd Members: “For me, doing the job that I’ve been doing in Wales in recent years, this is the single biggest crisis point – it is absolutely desperate.

“You don’t put somebody under a deprivation of liberty order unless you are absolutely at the extreme end of trouble and I think it’s a terrible problem.”

‘Extreme suffering’

The now-retired judge warned of a lack of places for children “who are at the extreme end of suffering, either at very serious risk to their own lives or possibly the lives of others”.

He recalled one case where a troubled young woman was moved every week from one secure placement to another due to lack of suitable registered accommodation.

Sir Nicholas explained: “And she’s moved every week because if she stays in an unregistered place for more than a week, they’re going to be prosecuted.”

Dawn Cavanagh, from Pembrokeshire, founded the Stolen Lives campaign led by families whose loved ones have been trapped in hospitals due to a lack of community support.

She urged the Welsh Government to follow through on its commitment to the human rights and welfare of care-experienced children and young people in Wales.

‘Urgent need’

“Children subject to a DoL are among the most vulnerable,” she said. ”They are not complex – they are children with needs arising from early adversity like abuse, trauma or neglect.

“A failure of services to provide adequate support leads to crisis situations where they are sometimes placed in unsuitable, unregistered and restrictive environments.

“DoLS are often used to manage risk rather than provide genuine support or promote therapeutic recovery for the child.

“The Welsh Government urgently needs to carry out its analysis and improve the type and availability of provision required to meet the needs of these vulnerable children.”

In her letter, Dr Croke urged politicians to seek an update on progress in implementing the inquiry’s recommendations. And, on Monday (September 22), members of the equality committee agreed to write to the Welsh Government for an update.