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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Supported Living

Rate uplift information 2026/27

 

Additional Provider Support

The Council is committed to supporting the market to deal with financial challenges and to reduce the costs for care providers. Care England and ECC are promoting a variety of initiatives to save your business money (for example free energy and water reviews, and free HR advice line), your carers money (Kwik Fit Club and reduced gym membership), as well as access to an Employee Assistance Programme.

These initiatives, and others, can be found via Care England’s website (https://www.careengland.org.uk/offers/) and Essex County Council’s Provider Hub (https://www.essexproviderhub.org/care-market-offers/)

Last updated: 09/04/2024
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