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:

Essex County Council (ECC) are undertaking a programme of review of the existing residential provision for adults with disabilities, including learning disabilities, sensory impairments, and physical impairments.

This programme is intended to identify existing residential services with the potential to de-register to provide supported living services. It does also however offer the opportunity for residential provision to change specialisation or adapt the existing services to better fit with ECC's strategic direction. The process for de-registration has been agreed internally by ECC and offers providers the chance to work collaboratively with us to make changes to your services. Documents explaining the process, benefits, and differences between supported living services and residential services are included within this section to help you in considering whether this is the right move for your organisation at this time.

Initial Provider Proposal

ECC De-Registration Guidance

Our Deregistration Journey

Complexity Of Supported Living 

ECC welcome any enquiries or expression of interest from providers that would like to further explore the potential to de-register an existing AWD residential service to become supported living. Should you wish to express an interest or get any further clarification around the process itself please get in touch with us directly at nick.green@essex.gov.uk.

Last updated: 19/01/2026