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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The volume of children and young people coming into Essex care will be approximately 1,200 every year through to 2026/27.

Essex is expected to spend more than £64m across different commissioned services per annum. This is to support children and young people to achieve ensuring those who are most vulnerable. This includes access to a good education and can lead safe, happy, healthy lives.

Yearly rebased financial forecasts reflect changes in the volume of children and young people coming into care. This looks at the mix of provision to match the support and complexity of need required.

Looked After Settings 

2023/24
£000

2024/25

£m

2025/26

£m

2026/27

£m

Registered Children’s and young people's homes

£22.9m

£23.1m

£22.6m

£22.1m

Supported Accommodation

£9.0m

£9.1m

£9.1m

£9.2m

Internal fostering 

£17.1m

£17.8m

£18.4m

£19.2m

External fostering

£5.4m

£4.9m

£4.5m

£3.8m

Supported lodgings

£0.3m

£0.4m

£0.4m

£0.4m

Housing related support

£2.6m

£2.6m

£2.6m

£2.6m

Children with disabilities: Home based care

£2.4m

£2.7m

£2.8m

£2.9m

Short breaks community clubs and activities

£1.5m

£1.5m

£1.5m

£1.5m

Internal overnight short breaks

£1.5m

£1.6m

£1.6m

£1.6m

External overnight short breaks

£0.7m

£0.7m

£0.7m

£0.7m

Last updated: 28/03/2024