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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New to Essex Children's Homes Consultations

Essex County Council is being contacted regularly by Children’s Homes providers looking to set up new homes in Essex, and expressing a desire to better understand local need. In order to respond fairly and transparently to these requests the Council has:

  • Published an online Market Position Statement for a suite of children’s services including but not limited to, residential homes.
  • Undertaken a series of market collaboration events with a focus on securing feedback on the prospect of delivering emergency provision in Essex based children’s homes.
  • Published the series of market collaboration events on the Central Digital Platform (CDP) – Find a Tender which is a national resource which advertises all public sector procurements.  Please note that details of any future events will also be published on CDP. Providers can review this platform to secure insight into potential opportunities.

Commissioning, Procurement and Operations Teams have also set up a weekly drop in sessions  for providers to meet with them. The sessions are for:

  • Providers to be able to introduce themselves, share their ambitions and plans
  • ECC’s to share information about sufficiency and residential strategies and local initiatives

The drop ins are informal, and are not designed to offer formal advice on planning applications and/or provide any guarantee of volume of work. However, colleagues may provide signposting guidance in relation to potential opportunities which provider may wish to explore. 

 

The drop in sessions run weekly on Tuesdays between 3-4pm. If you would like to book a slot please email the Residential Strategy Team who will forward you an invite. 

Last updated: 17/11/2025