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
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This version of the Ageing Well Toolkit has been put together to ensure you, as Service Providers, are aware of the issues facing someone with a disability as they age. This will help to ensure that the support you are providing to someone with a disability is relevant and reactive to their changing needs. 

WARNING: some of the statistics and information within the Toolkit can make for difficult reading. However, it is important to address these areas when thinking about people with disabilities ageing, to ensure that the appropriate support is offered as they grow older.  

The Toolkit gives you the background to the Essex County Council (ECC) Ageing Well programme and is full of lots of information and tools to help you give positive and appropriate input to the people you support. 

In addition, working through this Toolkit will also help you put together the evidence required for you to become an accredited ‘Ageing Well with a disability’ Provider. In turn, this will enable the ECC Service Placement Team to better match people who are showing signs of ageing, to the most appropriate placements.  

Last updated: 13/02/2025