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

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Commissioning and operational teams within children and young people sector have identified existing and operational pressures that affect placement types. These can include but are not limited to:

  • Special Educational Needs and Disabilities (SEND)
  • Autistic Spectrum Disorder (ASD)
  • Complex Needs (including mental health)
  • Tier 4 Step Down

The common themes listed highlight some areas of these pressures:

  • A national shortage of Care Workers and a high turnover of care staff reduces consistency within placements.
  • Communication between responsible individuals makes agreeing clear milestones difficult
  • Several responsible individuals are required to sign off on placements before they can be secured
  • Transforming Care is currently under development in terms of market for Individual Resettlement settings 
  • Sourcing providers who have training to support individual CYP’s is only achieved on a case by case basis
  • Creating a bespoke package for first time service users is a complex and laborious process
  • Residential providers struggle to provide holistic care for complex needs for those aged between 14-15
  • Capacity for agencies and services to effectively support out of county placements is often delayed

 

For more information on all placement types, see the “Homes where children live” section.

A common theme across sourcing is identifying a provision with consistent staffing training and experience in supporting a children or young person with the above needs.

These provisions and providers do exist, but restraints around locality of placement limits the support children and young people can receive in Essex, opposed to an out of county placement.

There has been a growth of information around the needs listed above and some of the market are still developing with training evolving to best support these children and young people.

Last updated: 28/03/2024