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

Essex County Council - Provider Hub
Text size:

Estimations that the 2022/23 spend on care for children and young people in residential care is approximately *£2.44billion. The growth since 2017-20 has been estimated at 20.5% which is higher than real-time growth at 15.3% for the UK.

In 2022/23 Essex spent a total of £153m on Children and Family Services. £65m of this was spent on placements for looked after children, which is 6% of the Councils total net spend in 2022/23.

Over the last 5 years the Council has seen a growth in demand in care for Children in Care by 10%. This is comparable to other Local Authorities in with UK. The graph below shows the growth per 10,000 for Essex Compared to other LAs, and shows that Essex continues to have a low proportion of CIC.

 

Source information from LaingBuisson

Looked After Settings 

Spend (22/23)

Registered Children’s and young peoples homes

£20.9m

Children with disabilities: Home based care

£2.2 m

Supported Accommodation

£9.3m

Supported lodgings

£0.1m

Overnight breaks

£1.9m

Short breaks community clubs and activities

£1.2m

Housing related support

£2.6m

Unregistered Provisions

£5.3m

Internal fostering 

£15.0m

Independent fostering Agency

£8.2m

 

Whilst care numbers have increased relatively steadily, the cost of placements has increased at a much higher rate, with a 41% increase in placement spend in the last five years.

Last updated: 28/03/2024