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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Irrespective of whether the people you support have a learning, physical, sensory disability/impairment or are Autistic and see this as a disability, the challenges they may face as they age are likely to be similar.

Some of the information and tools contained within this toolkit might have a particular focus on a type of disability, however they are transferable and amendable and can be used as prompts to ensure that people are thinking widely about what the issues are or are likely to be.

Your challenge as Service Providers is to be well informed, responsive to changes that you notice or are shared with you, knowledgeable about what there is that can help people age well and confident in helping others challenge those things that get in the way.

Think widely and creatively about what you are your staff teams can do to support people to age well and live long and fulfilled lives.

Remember that getting older is just another phase of life, the next part of the journey and with future planning and the right support where needed, can be a fulfilling and enjoyable chapter of life. 

Last updated: 03/03/2025