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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What children young people and families tell us…

97% of parents understand why social care was involved

96% of parents say their social worker treats them with respect

93% of parents say their social worker listens to what they have to say

95% of parents say their social worker helps them understand what is happening

92% say their social worker involves them fully in decisions about their child

93% of parents says their social worker does what they say they will

89% of parents feel satisfied with the service they have received

68% of parents say their family can better manage difficult situations

76% of parents feel more positive about their child’s future

56% of parents feel that following work with their social worker, their family now get on better

 

"S was very likeable, friendly, down to earth, very accommodating. I didn't feel like S was judgemental at all" - Parent at the time of case closure

 

What children in care and care leavers tell us……

95% of CIC feel cared about by the people they live with and like where they live  

90% of CIC find it easy to talk to the people they live with

96% of CIC feel they have an adult to talk to about worries

92% of CIC feel they are listened to and helped to keep in touch with family and friends

94% of CIC feel healthy

100% of care leavers feel their PA guides them to keep healthy and well

100% of care leavers feel their PA listens to them, respects them and understands them

86% of care leavers feel their PA helps them build networks with friends, family  and other people in the community

93% of Essex care leavers feel prepared for independent living

 

“My carers are kind, loving and thoughtful. I like living here a lot more now than when I was first here.”  (child in care aged 12 to 17 years”)

Last updated: 28/03/2024