When Systems Strain: Ethical Reflections on Deprivation of Liberty Orders

By Sharon Martin, Chair – NIROMP on 18 October 2026.

The recent research from the Nuffield Family Justice Observatory on Deprivation of Liberty Orders (DoLs) for children offers a sobering insight into the ethical and systemic challenges we face in caring, protecting and safeguarding.

It’s a timely reminder of the complexity of decisions we make every day and the weight of responsibility we carry as practitioners and leaders working to uphold children’s rights, safety, and wellbeing in systems under strain.

A System Under Pressure

The research highlights that nearly all children subject to DoLs are already in care, often with complex and overlapping needs, including:

• Instability in their care arrangements
• Significant mental health challenges
• Risks of exploitation

It also points to the troubling pattern: insufficient early help and fragmented services are contributing to situations where restrictive measures become the only remaining option to ensure safety. This is not a reflection of individual failure, but of a system that is struggling to meet the needs of its most vulnerable children.

Ethical and Professional Tensions

This reality presents a profound ethical dilemma. Measures designed to protect children are increasingly being used because other, less restrictive forms of support are unavailable. In such contexts, independent scrutiny and oversight – whether through the courts, regulatory bodies, or internal governance are essential. But we must continue to ask: how can these mechanisms best support children’s rights and welfare, rather than simply legitimise systemic shortfalls?

The Role of Scrutiny, Curiosity, and Collaboration

The findings reinforce the importance of:

• Collaboration across agencies
• Reflective practice among professionals
• Shared responsibility for safeguarding outcomes

As Independent Reviewing Officers and safeguarding leaders, we must continue to ask difficult questions, challenge assumptions, and advocate for the children and families we serve. Professional curiosity, underpinned by integrity and compassion, remains one of our most powerful tools.

A Call for Shared Learning

By maintaining openness, accountability, and a commitment to shared learning, we can continue to strengthen safeguarding practice and ensure that children’s rights remain central to every decision.

• How might we collectively ensure that DoLs are truly a last resort — not a symptom of systemic failure?

• What would it take to build a system where every child’s needs are met without recourse to deprivation?

I’d be really interested to hear how colleagues are reflecting on these findings in their own practice — and your thoughts about the implications for IRO practice.

You can read the full Nuffield FJO report here: Children subject to deprivation of liberty orders (https://www.nuffieldfjo.org.uk/wp-content/uploads/2023/09/CHILDR1.1.pdf)

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