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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Finance

More information about finance in the Shared Lives scheme:

    • The person will pay their rent, utilities and food directly to you from their benefits
    • The scheme will pay you a fee for the care and support you offer to the person. This is solely for you as a Shared Lives host.
    • The person will receive their benefits directly into their bank account and can be assisted to manage these by the Shared Lives Officer or Social Worker. This includes Disability Living Allowance (DLA)/ Personal Independence Payment (PIP)
    • The person will be responsible for buying any personal possessions such as clothing, electronic equipment and holidays from their money
    • The overall income for the placement may be different if compared to Foster Care. However, as the person will hold their money, the Shared Lives host will receive less but will not be responsible for the client’s personal expenditure
    • Shared Lives hosts are classed as self-employed and are entitled to tax concessions. This is currently £250 p/w per person using Shared Lives plus £10,000 totalling £23,000. This may change so seek advice from your Shared Lives Officer.
    • Shared Lives Hosts are not entitled to Carers Allowance for the person staying with them and are unlikely to be entitled to any means tested state benefits
    • Shared Lives hosts are required to keep records of finances, medication and key incidents and present them when requested
Last updated: 14/10/2024