Heat-health alert for East of England

An amber heat-health warning has been issued by the UKHSA. The warning is in effect from the morning of 22 June 2026 through to the night of 26 Jun 2026. Please ensure you keep up to date with weather reports reports and plan accordingly.

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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Important Information for Care Providers

We know many providers have private enquiries or placements in residential and nursing care homes. Recently, Essex County Council (ECC) has received queries from people and/or their representatives who:

  • Are close to the capital threshold of £23,500, or
  • Are already below the threshold when they arranged a private placement and are now asking about Local Authority funding to continue their placement.

 

Why this matters

People often aren’t aware of the process for moving from a private arrangement to Local Authority support. We want to make sure care home providers share the right information at the right time with people, so that choices are sustainable and the person stays in control as much as possible; avoiding possible challenge and distress later for people and/or their representatives.

 

Key points

  • ECC must assess needs under the Care Act, but this does not guarantee funding for residential care.
  • People should contact ECC 4–6 months before their funds drop below the capital threshold to request a Care Act assessment.
  • If eligible needs are confirmed, ECC will also complete a Financial Assessment to decide if financial support is available.
  • How assessed needs are met will be considered at this stage, with a focus on choice and control for the person.
  • People can choose a care home, but:
    • It must meet assessed needs.
    • The care home provider must accept ECC contract terms.
    • If the chosen care home costs more than the personal budget (this is the amount the Local Authority calculates is necessary to meet a person’s assessed needs), a third-party top-up is required for as long as the care home placement lasts.
    • If top-up arrangements fail, the person may need to move to a suitable alternative care home that is within their personal budget amount.

 

Advice and resources

 

Care Home Provider responsibilities

  • For each person considering moving to your care home, check their financial viability: ECC recommends that each person has at least two years of care home fee funding, including any likely care home fee increases during that time.
  • Explain at the point a person moves into your care home on a private arrangement:
    • ECC will not agree to pay until assessments are complete and eligibility for Local Authority support has been determined, and
    • to remind people / their representatives, that if the chosen care home is more than the person’s personal budget, and a top-up (third party or first party) is not possible, the person may need to move to a suitable alternative care home.

 

Why this matters

Sharing this information with people upfront helps avoid:

  • Unexpected costs or non-payment
  • Emergency moves when people's funds run out
  • Complaints and distress for people and their families

 

Our aim is to support informed decisions that keep the person in control of their lives and able to make sustainable choices.

Questions? Contact: IRN.ProjectTeam@essex.gov.uk

More info: https://www.ageuk.org.uk/

Last updated: 11/06/2026