Identifying a deprivation of liberty for under 18s: quick reference guide

Considerations for frontline staff

These questions may help establish whether an individual is deprived of their liberty in this context:

• Compared to another person of the same age and relative maturity who is not disabled, how much greater is the intensity of the supervision, support, and restrictions?
• Can the child or young person go out of the establishment without the carer’s permission? Can they spend nights away? When are they expected to return? What will happen if they do not return? Will the police be called to bring them back? How do the arrangements differ to the norm for someone of their age who is not disabled?
• To what extent do the rules and sanctions differ from non-disabled age appropriate settings?
• Are there regular private times, where the child or young person has no direct carer supervision?
• What is the carer to person ratio and how different is this to what would usually be expected of someone of that age who is not disabled?
• Is physical intervention used? If so, what type? How long for? And what effect does it have on the child or young person?
• Is medication with a sedative effect used? If so, what type? How often? And what effect does it have on the child or young person?
• How structured is the child or young person’s routine compared with someone of the same age and relative maturity who is not disabled?
• To what extent is the child or young person’s contact with the outside world restricted?
• Is the child or young person prevented from keeping certain items in their room, such as stationery, or other items which may be used to cause harm? If so, how and in what circumstances?