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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Managing malnutrition - Advice for carers

Introduction

Malnutrition affects millions of people in the UK and, in the older population, makes them more susceptible to disease.

There are many factors that can increase a person’s risk of malnutrition. These include:

• Being over the age of 65
• Having conditions such as diabetes, kidney disease, chronic respiratory diseases, dementia, cancer
or other long term conditions.
• Mobility difficulties and/or being unable to cook or feed yourself
• Swallowing difficulties

As a carer you will likely work with many people with these risk factors on a day to day basis, and at times may be the only professional involved in their care. For this reason, carers have a key role in identifying and managing nutritional concerns.

This web page contains the following:

Managing Malnutrition: Advice For Carers:

This resource provides guidance on which services can assist with issues relating to
eating and drinking. It will also guide you on how to refer to the dietitians via the GP.

MUAC (mid upper arm circumference):

This is an alternative measurement that can be completed when a service user is
unable to be weighed, possibly due to poor mobility or if scales are unavailable. 

Your Guide to Making the Most of Your Food:

This resource provides support when needing to increase a service users’ eating and
drinking. This can be implemented when a service users’ is only eating and drinking
small amounts, or they appear underweight

Food record chart:

Start the food record chart when a service user is eating half or less of their meals on 2 or more
days of the week. Or when they are regularly refusing meals. It is recommended that a minimum
of 1 week is recorded on the chart. A food record chart can be completed by you the carer, or a
family member. This is a chart that is kept in the service user home and in addition to the
electronic records used by your agency.

If you have concerns, then refer back to the Managing Malnutrition; Advice for Carers
information.

Always highlight any concerns about eating and drinking to your supervisor and / or the patients
GP or family member

Nutritional concern
Actions
Unintentional weight loss

Does the client (or family) report weight

loss or show visual signs of weight loss

e.g. loose clothing/rings, ill-fitting

dentures

Poor food intake

Does your client often refuse meals, for

example more than once per day, or

leave half or more of the portion?

Swallowing problems

Is the client having difficulties swallowing

e.g. coughing/choking when eating

and/or drinking

Liaise with the GP who may consider referral to speech and language therapy

Bowel issues

Sometimes dietary intake is affected by

the client’s bowels. Are there concerns

regarding constipation or loose motions?

Consider over the counter medications, or requesting GP review if issues persist.

Pressure Ulcers

Clients with pressure ulcers may have

increased nutritional needs.

Liaise with community nursing team for pressure care review.

Last updated: 11/10/2024