The aim of this paper is to examine how the legal framework for the custody of children in Northern Ireland has developed historically. Drawing upon legislation and literature, it explores the conceptual and historical development of institutions and provisions for the custodial disposal of children, within a broad overview of the wider social and political context. This, it is argued, shows how custodial provision for children remains significantly influenced by nineteenth century philosophies and institutional practices, and that in effect the custodial disposal of children remains ‘locked in the past’.