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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Over the last 2 years, Essex County Council have commissioned a number of services to secure appropriate provision for Children in Essex. These include: 

  • The commissioning of the County-wide Essex Short Breaks Community Clubs and Activities for children and young people with SEND, which was designed with families to be more locally accessible, age and need appropriate
  • Leveraged capital funding to complement the Short Breaks subsidised holidays offer and developed several Changing Places and Inclusive Play Spaces across the County
  • Preparation for commissioning an ‘In-House' residential care options for CWD,
  • Implementation of Family innovation Fund (FiF) as part of our early help offer for children and families
  • Specialist support for children, young people and their parent who have experienced sexual violence and abuse in the context of  domestic abuse
  • The procurement of solo bed provision for Children in Care
  • Acquiring property  to support solo beds and secure a provider to run the services on behalf of Essex
  • Maintained the Supported Accommodation (SA) framework
  • Procured the external fostering framework (Independent Fostering Agencies)
  • Completed a full residential framework review considering alternatives ways to procure these services. The replacement will be launched early 2024.
  • Support for children and young people’s and adults within domestic abuse safe accommodation, meeting the requirements of the Domestic Act 2021
  • Working in partnership to commission a Domestic Abuse discovery project to gain a deeper understanding on the impacts of people experiencing Domestic Abuse and how we can design a whole system response.

“At the heart of everything we do in Children and Families service is our vision to get the best outcome for families, children and young people we support”

Last updated: 28/03/2024