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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Registered Children and Young People Homes - Essex

In total there are 52 Registered Children and Young People Homes based within Essex. Of these, 73% (35) are rated as either ‘Good’ or ‘Outstanding’ by OFSTED.

The most prominent Residential Provision in Essex are ‘Mainstream Residential Care’. This makes up 82% (43 Homes) of the Residential Market in Essex. There are currently no ‘Solo’ Residential Homes registered in Essex.

Homes in Essex

Essex Registered Homes Percentage Rated Good or Outstanding
Good

Essex Placements – Essex Residents who are placed in Essex

Of the placements made by ECC into Essex Homes, only 68% have been made into Homes rated as either ‘Good’ or ‘Outstanding’ by OFSTED.

CYP Placed in Essex Registered Homes Percentage Rated Good or Outstanding
Good

Registered Children and Young People Homes - Local Authorities bordering Essex

 

There are 262 Registered Children and Young People Homes in LA's bordering Essex. Of these, 87% (216) are rated as either ‘Good’ or ‘Outstanding’ by OFSTED.

The most prominent Residential Provision are ‘Mainstream Residential Care’. This makes up 80% (208 Homes) of the Residential Market in LA's bordering Essex. There are only 5 ‘Solo’ Residential Homes.

Homes in Local Authorities bordering Essex

LA Boarding Essex Registered Homes Percentage Rated Good or Outstanding
Very Good

Adjoining Placements – Essex Residents who are placed in Local Authorities bordering Essex

Of the placements made by ECC into Homes in Local Authorities bordering, 82% have been made into Homes rated as either ‘Good’ or ‘Outstanding’ by OFSTED.

 

CYP Placed in LA Boarding Essex Registered Homes Percentage Rated Good or Outstanding
Very Good

Registered Children and Young People Homes - Local Authorities not  bordering Essex

 

In total there are 2,540 Registered Children and Young People Homes in LA's not bordering Essex. Of these, 80% (2,035) are rated either ‘Good’ or ‘Outstanding’ by OFSTED.

The most prominent Residential Provision is ‘Mainstream Residential Care’. This makes up 85% (2,159 Homes) of the Residential Market in Local Authorities not bordering Essex.

Homes in Local Authorities not bordering Essex

LA Not Boarding Essex Registered Homes Percentage Rated Good or Outstanding
Good/Very Good

 

Distance Placements – Essex Residents who are placed in Local Authorities  not bordering Essex

Of the Residential placements made by ECC in LA's not bordering Essex, 80% were in Homes rated as either ‘Good’ or ‘Outstanding’ by OFSTED.

 

LA Not Boarding Essex Registered Homes Percentage Rated Good or Outstanding
Good/Very Good
Last updated: 28/03/2024