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

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"At Essex Carers Network we hope this toolkit will serve as an information resource for families and a way to start further discussion with their loved ones and with health practitioners. Being curious about ageing well with a learning disability and using the toolkit to think about those health inequalities, we hope will better inform families to support their loved ones to age well." - Essex Carers Network

Where to find further information

We hope that you have found this information on ageing well with a learning disability, interesting and informative.

If you have any questions or need any support, please email us at info@essexcarersnetwork.co.uk or call us on 01255 554029.

The following links have more information, ideas and prompts to support you to support your loved one as they age.

 

Last updated: 08/05/2024