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 judgment 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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Essex Areas of Deprivation

The map provides a visual representation of Essex’s levels of deprivation. Our key areas are in Uttlesford, Basildon, Rochford, and Tendring. This is comparable to dense population of children and young people, to the level of looked after children in Essex.

This map shows area of known deprivation across Essex in 2020/21.  

Data Source: Indices of Multiple Deprivation (2019)
Department for Levelling Up, Housing & Communities

 

 

The map below shows the proportion of 0-19 year olds living in Absolute Low Income by ward.

Absolute Low Income

Refers to people living in households with income below 60% of median income in a base year. This measurement is adjusted for inflation.

  • 10% of 0-19 year olds in Essex are living in Absolute Low Income as of 2021/22.
  • Rises to as high as 19% in some areas of Tendring, Basildon and Harlow.

 

How will the rising cost of living affect poverty?

Absolute low income is likely to rise in the short run. The Resolution Foundation, an independent think tank, forecasted in January 2023 that absolute low income will increase from 17.2% in 2021/22 to 18.3% in 2023/24. This means an additional 800,000 people nationally in absolute low income.

Data Source: Absolute Low Income (2021/22)
Department for Work and Pensions

This image is a geographical representation of Essex showing areas of Children living in low income families.  

Last updated: 28/03/2024