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
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Context

In April 2024 Essex County Council intend to deliver a Market Position Statement which reflects the current commissioning ambition across Looked After Children Services in Essex. 

This marks the start of an engagement programme which enables us to collaborate with the market where together we can shape the market and ensure that children and their families have a diverse range of services that meets their needs and supports the future commissioning intentions of ECC over the next 3-5 years.

As a starting point for this journey we are keen to engage with providers within the looked after children market to understand your views and obtain feedback, this includes

  • Your views or perception of the market you work in
  • Your strategic relationship with Essex County Council
  • Your experience on your transactions and day to day working with Essex County Council.
  • What challenges you face as a provider?
  • What are your views on strategic activities across Essex County Council such as Climate, Environment, Social Value and Technology
  • What you would like to improve or shape moving forward.

Engagement Approach

Our engagement phase is due to commence from the 19th February until the 28th of June 2024, during this time will be working alongside procurement, commissioning and children service to ensure we connect and engage with as may providers as possible. All providers will have the opportunity to be involved in our engagement phase, you can:

  • Complete an online questionnaire; the link to the questionnaire is here
  • Ask for a 1-2-1 discussion through a face to face or telephone discussion

Procurement will also utilise the opportunity to discuss market activiy through existing provider forums or you can speak to your contract manager through existing channels.

Contact Details

If you would like to contact us or provide feedback on our market position statement please contact us on market.shaping@essex.gov.uk

What is a Market Position Statement?

Market Position Statement; information on our current commissioning and market intentions for Children Services. This will be available the Essex Provider Hub from April 2024. The information will be updated frequently to reflect commissioning and procurement activity.

What is a Market Strategy?

A market strategy sets out the future market ambition for children services over the next 3-5 years, alongside this it will include our commissioning approach and direction.

Last updated: 27/02/2024