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

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Auditing and Quality Assurance

Auditing and quality assurance are key aspects of service delivery and should be used to monitor quality of provision, what's working well and what could improve. Auditing and assurance should incorporate feedback from clients and next of kin, staff or others in contact with the service. 

Quality assurance policies and procedures should be in place, reviewed regularly and be updated when changes in legislation occurs.

It is beneficial to have a designated individual who maintains responsibility to oversee assurance and auditing activity

Annual surveys should be completed by staff and individuals using the service, responses should be analysed and actions taken and fed back as required.

Regular audits should be completed for medication, care plans, staff (training, supervision, files etc.), compliments and complaints as examples.

Regular Medication audits themes and trends are analysed and actions are taken as a result

Health and safety risks assessments are regularly reviewed and updated as required

Falls, accidents and weights are monitored and appropriate action is taken.

Last updated: 07/06/2024