Deprivation of Liberty and Children & Young People Training
This session will explore deprivation of liberty, including the definition as changed by the recent Supreme Court ruling set down in June 2026. This will explore how a deprivation of liberty may occur for children and young people in different contexts and settings, including those under 16 and those aged 16 and 17. It will explore the link between the Mental Capacity Act and Children Acts alongside possible legal routes to authorise a deprivation of liberty.
The session will also explore the practice of ensuring restrictions are analysed, reviewed and remain proportionate and necessary to the person’s circumstances and ensuring our practice remains evidenced based.
⭐ Learning Outcomes
• Describe what a person’s right to liberty is and the definition of a deprivation of their liberty. • Apply the definition to identify circumstances that may amount to a deprivation of liberty for children and young people.
• Distinguish between the different legislative frameworks which are at play in relation to depriving a child or young person of their liberty, specifically the difference between Children Acts, Mental Capacity Act and Mental Health Acts.
• Determine the different, and appropriate, legal routes available to authorise a deprivation of liberty in relation to children and young people.
• Be confident to questions restrictions in place to examine if they remain proportionate, necessary and in the child’s or young person’s best interests.
⭐ Programme Outline
• The use of legislation, case law and professional guidance (where in place) to examine and explain the legal frameworks.
• Practical examples through use of case studies (informed by case law examples) to embed learning, reflection and action planning.
• Use of small group activities to provide opportunities for discussion, practice sharing and networking.
• Suggested resources, guidance and further reading to develop on-going practice in this area.
⭐ Trainer Bio:
Robert Keniwell is a registered Social Worker with Social Work England and has worked across Yorkshire and Humber for the last 15 years in a variety of roles, including Social Worker across children, adults and transition to adulthood, with a particular interest in working with children and adults who have learning disabilities. Robert has been a manager in adult social care prevention promoting the needs and independence of adults on the periphery of adult social care. Robert has acted as an Independent Social Worker with a specialist in mental capacity assessments completing assessments for Local Authorities, Court of Protection and High Court. Robert led on mental capacity practice in children’s services to support with the embedding of the Mental Capacity Act for 16/17-year-olds and also leading work around deprivation of liberty relating to children.
Robert has worked with organisations across a range of sectors to improve practices through training, audits and wider consultancy.
Robert is also part-time lecturer at Leeds Beckett University teaching and supporting MA Social Work programme, as tutor and teaching on the law module to support qualifying practice, alongside other professional development modules, such as the BIA module. Robert continues to support student social worker and practice educators to support the training of the future workforce.
Delivered using MS Teams in an interactive virtual classroom with limited group sizes. Corporate multi booking rates available - contact ProfDE@basw.co.uk for details.
If you’re not yet a BASW member, now’s the perfect time to join. Membership starts from just £5.39 a month and gives you access to this training, plus a huge range of BASW events, at a significantly reduced rate. It’s a great way to invest in your professional growth while connecting with a supportive community. Learn more here: https://basw.co.uk/why-join-basw