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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Accommodation Standards

Supported Living

The Supported Living Accommodation Standards set out the requirements for the quality of Supported Living accommodation for adults with disabilities in Essex and outside of Essex, for services commissioned by Essex County Council.

Essex County Council's strategic intention is that all the Supported Living Schemes in the administrative county of Essex will provide good quality accommodation to adults and support them with gaining independence, meeting their assessed outcomes and living meaningful lives.

The Supported Living Accommodation Standards document specifies the requirements for good quality Supported Living accommodation. Essex County Council will consider these requirements before on-boarding a property.

Further to this, the Supported Living On-Boarding process document gives full information on the procedures followed to on-board Supported Living accommodation.

The following documents describe the requirements and the on-boarding process:

 

 

Last updated: 14/10/2024
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