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
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The Essex Learning Disability Partnership (ELDP) is a partnership between Hertfordshire Partnership University NHS Foundation Trust (HPFT) and Essex Partnership University NHS Foundation Trust (EPUT). They provide Learning Disability Specialist Health Services across all of Essex.

The partnership was formed in 2017 and is responsible for all NHS learning disability community and inpatient services across Essex.

Importantly, people who use their services and their families and carers were able to contribute to the development of the Partnership at the outset.

Their Vision is that all people with a learning disability with or without Autism will be able to:

  • Enjoy good health and wellbeing
  • Experience the best quality of life
  • Be fully included and feel valued members of the community
  • Lead independent lives and do as much as they are able to
  • Make their own choices

ELDP can help with access to Learning Disability - Occupational Therapists, Community Nurses, Dieticians, psychologist, psychiatrist and speech and language Therapists amongst other services.

How to access the services in ELDP

Way in is the entrance to our Learning Disability Services in ELDP. You can access Way In by completing the referral form which can be found on their website: www.eldp-hpfteput.nhs.uk/way-in

Please save the referral form to your computer and then once completed, e-mail it to: eldp.wayinreferrals@nhs.net

Here is a copy of the referral form too:                        

ELDP referral form

All NHS Trusts are also expected to work to a set of Improvement Standards for working with people with Learning Disability. Have a look at what these say by clicking here.

If you are worried about your loved one's health and are having a problem getting the right support you can also call 0333 222 5020 for advice.

Last updated: 05/06/2024