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 Team

The Children & Families, Domestic Abuse, Adults Early Help and Carers Direction and insight in improving children, adults, families and carers lives.

Commissioning plays a key role in delivering the strategic objectives and it is more important than ever that we organise and commission support that not only maintains and eboles the development and delivery of good quality effective services; but also ensure we are seizing new opportunities, commissioning responsibly, and getting the best financial and social value for public expenditure within a balanced budge which also brings new opportunities.

Our strategic commissioning approach relies on good quality relationships with internal and external partners across the system which in turn provides strong leadership and ambitions for our families and adults who are key stakeholders in all our commissioning decisions.

Strategic commissioning is the driver for the system change that will deliver better outcomes for children, adults, and young people, carers and families. We focus on outcomes as being the only measures that really matter and are not afraid to create and innovate co-designed solutions that make a difference by:

  • Working to children, young people, adults and parent/carers' strengths.
  • Focusing on preventing problems before they occur.
  • Building resilience of children, young people, adults, parents/carers and communities.
  • Working across the system aligning our resources so we can best support families and adults.
  • Basing all that we do on evidence of both what is needed and of what works.
  • Being clear and consistent about the outcomes we expect and judging what we do against them.

Our team:

Clare Burrell - Head of Strategic Commissioning and Policy - Clare.Burrell@essex.gov.uk

Nicorum Flaherty - Commissioning Manager - Nicorum.Flaherty@essex.gov.uk 

Team Inbox - CandFCommissioning@essex.gov.uk

Last updated: 02/02/2024