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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When starting your PROSPER Quality Improvement programme you need to have baseline data in order to know what your current position is and to be able to measure if your improvements are making a difference.

Some care providers may be collecting their own data already, however PROSPER has developed its own Monthly Mapping Tool, which produces dashboards, as shown below. All providers engaging with PROSPER are able to use this mapping tool. The dashboards are deliberately formatted to be easy for anyone to understand.

Prosper Dashboard

The dashboards can be used to decide which areas require attention, and help you create appropriate SMART aims. Then as your PDSA  cycles progress your updated dashboards will clearly show whether they are having a positive effect, whilst also allowing you to watch whether a negative effect is occurring in a different area.

If we look at the dashboard above from the fictitious 'Cosy Care Home'; In Nov 2024 this home felt its level of falls was too high, so they set a SMART aim of reducing falls by 50% by March 2025. The dashboard demonstrates that the PDSA cycles Cosy Care Home implemented were successful in achieving the SMART aim, which they achieved in February 2025.

However the dashboard above also shows that whilst the falls have been reducing, there has been an upward trend of newly acquired pressure ulcers. This may or may not be related to the interventions to reduce falls, Cosy Care Home would need to decide this. But whether this was felt to be the case or not, the home would need to consider setting a SMART aim around pressure ulcers in an attempt to turn the trend from upwards to downwards.

Updated dashboards are sent out to all homes who submit data. If you are not already doing so, and would like more information or support with inputting monthly data please email prosper@essex.gov.uk

Last updated: 10/09/2025