The Supreme Court's judgment on deprivation of liberty

You may be aware that the Supreme Court has recently issued a judgment which significantly changes the legal approach to determining whether a person is deprived of their liberty. The judgement can be seen here A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 o….

We would encourage you to familiarise yourselves with the judgment and carefully consider the implications for your services and practice. Please see the following links for further information: CQC statement on the Supreme Court's judgment on deprivation of liberty - Care Quality Commission and 2026-UKSC-16-Summary-for-website.pdf.

We ask that you refer to this updated position when making any new referrals to the DoLS team.  In addition, as the change came into effect immediately from 2 June, please review any recent DoLS referrals you have made. You should consider whether, in light of this revised approach, any of these referrals may no longer be appropriate.

We hope this offers reassurance whilst we wait for additional National guidance to be disseminated.  At this stage we don’t have further information, but if you have a specific query, you can contact the MCA DoLS Duty Team at Dolforms@essex.gov.uk

Essex County Council - Provider Hub
Text size:

'To support someone to understand and be understood.’ 

“Families can play an invaluable role in supporting and advocating for their loved one; offering advice, helping your loved one to be heard and understood, helping them to understand what is happening and have access to reasonable adjustments or just being there as support and another pair of ears. We do this often without knowing we are doing it, but it’s value can never be ignored.” - Essex Carers Network 

Advocacy means getting support from another person to help your loved one express their views and wishes and help them to stand up for their rights. Getting help in this way is referred to as Self Advocacy. 

Advocacy refers to receiving support from another independent individual, (ie an advocate), to assist someone to express their opinions and make their views heard in order to lead the changes in their lives.  

Self-Advocacy is defined as:  

‘Speaking for yourself and what is important to you. It means you have a voice of your own and you use it.’ 

Everyone can be a self -advocate but for someone with Learning Disabilities it’s even more important to be heard and understood.  

In circumstances where someone is unable to express their views in any way, Advocates are able to be involved to ensure that the outcomes of planning for the person’s future are fair and in their best interest. A formal Advocate is independent of the person’s family, funding authority and Service Provider.

Speak up for them, it is important that you ensure an Advocate is requested, particularly when you consider the importance of the person future planning to age well.  

Have a look at these two recordings about Advocacy, on YouTube; 

VoiceAbility are an independent charity and one of the largest providers of advocacy and involvement services in the UK. Advocates are independent professionals who work with people to help them understand their options, know their rights and say what they want. This helps to make sure that people are involved as much as possible in decisions about their health and care. 

All statutory and non-statutory referrals for advocacy can be made to VoiceAbility by the following ways:

Find out more about Advocacy in Essex here

Last updated: 08/05/2024