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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Case Studies

Names have been changed to protect anonymity

I am Bernie, an 80-year-old widow living alone. I have hypertension, poor mobility, and a cartilage problem in my knee. I often fall, especially when I go to my local shop. I recently started using a walking stick because I am unsteady on my feet. Most of my falls happen outside, where I rely on strangers to help me. Living alone with only my stepson for contact means I might not get immediate help if I fall at home and can't reach the phone

I called Essex Social Care Direct and they assessed me over the phone and decided I should use an Oysta Pearl which is a GPS tracker as well as emergency call button with intelligent falls detection. This device would help if I fell and give my stepson peace of mind, knowing I can alert for help and be located if I get lost. The monitor and response offer from Carecall 247 offers a faster response than waiting for an ambulance.

The Oysta Pearl makes me feel safer, knowing I can quickly get help if I fall, whether at home or on my daily trips to the shop. This technology has likely saved me from needing more home care, which would have cost about £4,500. It has also prevented social care costs of £1,200 and NHS costs of £2,700.

Thank you so much for providing me with the Oysta Pearl. It makes me feel safe and secure, knowing help is just a button press away.

I am 50 years old and living apart from my husband. I have several medical conditions, including PTSD, TIAs, blackouts, COPD, and depression. My poor mobility, combined with blackouts and TIAs, has caused multiple falls. During blackouts, I can't press my existing pendant alarm for help.

I take multiple medications but often forget to take them. My family is concerned about me living alone and being vulnerable to falls, which makes them anxious when I don't answer my phone right away. This stress affects me as well.

My Social Worker confirmed that I needed a TEC solution to prompt me to take my medication on time and raise an alert if I fell, either at home or in the community. As a result, I was prescribed an Oysta Pearl 2, which would alert others if I fell, and a Pivotell medication dispenser to remind me to take my medicine on time. I also benefit from a Monitor and response service from Carecall 247.

The TEC has given me confidence to go out and take trips by myself, previously, I only went out with a family member. It has given me more freedom and independence; I could not be happier.

Since being prescribed the Oysta Pearl 2 and Pivotell Medication Dispenser, I haven’t had any falls. The pill dispenser reminds me to take my medicine, reducing my low moods. I have declined additional care, as I am happy with the support the TEC provides, along with the support from my mental health team.

I’m Phil, a 51-year-old man with a brain tumour. My wife reported that I often experience dizziness and unsteadiness, causing me to stumble while walking. Although I haven't fallen yet, my cognitive abilities have declined, affecting my decision-making and ability to learn new skills.

Recently, I've also had absence seizures, which, while not significantly impacting my daily life, raise safety concerns especially when I'm out in the community. I now spend most of my day at home and am currently not working.

In July 2023, I was referred to Livity Life for an OT assessment to find a solution for my declining cognitive abilities. The Millbrook OT recommended the Zintouch Mobile, a device designed to reduce anxiety for both my wife and I when I go out. This device will alert her if I fall. It allows my family to be the first point of contact while also being monitored by an Carecall 247 as a backup.

The Zintouch Mobile has given me increased confidence to go out into the community independently, knowing that I can call for help if I feel unwell or if I fall. My wife feels reassured and better supported in her caregiving role, as she will be notified if I need help.

My wife says, "The Zintouch Mobile has been a game-changer. It gives us both peace of mind knowing Phil can get help when he's out, and I feel more secure in my role as his caregiver."

Last updated: 07/10/2024