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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Market Context

The Housing Related Support Service is considered a critical part of the systems of support around children and young people and families. Working to ensure we deliver the best possible outcomes for young people. Many of the young people who are supported by the service are those leaving CFS. Including those being 18 who still need support with everyday living skills to prepare them for adulthood.

The hostel sites provide safe and supported accommodation for those ages 16-18 who are facing homelessness. It works to support them to enter the social housing system along with everyday living skills such as budgeting, shopping and sustaining a tenancy.

Current Market Status

The current service offer is a Countywide provision offering support to up to 270 young people across a variety of accommodation options. This is based upon the needs of the young person. The accommodation options range from high needs hostel based support being staffed 24/7.  To low needs dispersed housing which allows the young person to live independently with minimal support, but still have the reassurance that there is someone on hand to provide support if needed. This support is complemented with input from other professionals.

The contract for this service was awarded in June 2022 for a period of 5 years.

 

Market Quality Market Supply Market Demand
Moderate Low High/Very High
Market Workface Market Ambition Market Maturity
Low Increase Supply Evolving

 

Changing legislation in the SIA Market could result in there being more availability in the HRS market and a greater number of providers. Historically this is a limited market for this cohort of providers.

Total Number of Providers:

<5

Total Number of young people that can be accommodated:

188

Total Market Spend per year:

£2.6 Million

No Referrals into Services (22/23):

231

Number of 16/17 Homeless Referrals (22/23):

67

Number of parent/child Referrals (22/23)

9

Number of emergency referrals:

26

Number of hostiles:

6

(vary from 6-28 beds)

SMC Placements (22/23)

36

With the changing SIA legislation there is a greater responsibility required by LA's to support homeless 16-17 year olds which will need a change in strategic direction.

  • There is a limited provider presence in Essex. Many District Councils operate housing differently causing issues with moving young people on and supporting to bid for housing stock.
  • Greater increase in the number of high risk and complex young people. A high prevalence of social issues make this a challenging cohort to work in.
  • Lack of early help and supportive services wrapping round the young person
  • Staffing wages
  • Increase in rent making the housing stock inaccessible to young people
  • Decrease in family resilience causing breakdown in the home
  • Increase in mental health cases
  • 16-17 legislation changes and understanding the impact on the market
  • High needs support
Last updated: 15/01/2024