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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Recruitment, Induction and Training

Recruitment

Recruitment files for staff should evidence that a thorough recruitment process has been followed. Information retained should include but not be limited to the following:

  • Application form - fully completed, at least 5 years work history and gaps in employment explained
  • Two references, at least one prior to the individuals commencement date and at least one from the previous employer
  • Interview questions
  • DBS
  • Proof of ID, address and right to work

Induction

An organisation should be providing evidence that new employees have completed a robust 12 week induction process.  The most common tool for this is the Care Certificate which was put together by Skills for Care and builds on the previous tool for induction which was called the Common Induction Standards. Types of evidence could include but is not limited to:

  • Induction to the business and premises
  • Introduction to policies and procedures
  • Shadow shifts
  • Supervisions completed as a part of the induction
  • 1 week, 4 week and 12 week reviews 

Care Certificate

The Care Certificate is a set of standards that social care and health workers stick to in their daily working life. It is the new minimum standards that should be covered as part of induction training of new care workers. Care Certificate does not replace employer induction specific to the workplace in which practice will take place, nor will it focus on the specific skills and knowledge needed for a specific setting. 

 

The Standards

  1. Understand your role
  2. Your personal development
  3. Duty of care
  4. Equality and diversity
  5. Work in a person centred way              
  6. Communication
  7. Privacy and dignity
  8. Fluids and nutrition
  9. Awareness of mental health, dementia and learning disabilities
  10. Safeguarding adults
  11. Safeguarding children
  12. Basic life support
  13. Health and safety
  14. Handling information
  15. Infection prevention and control

Training

Training and development is an important aspect of providing social care services and aids in ensuring a safe level of care is delivered. The following training courses are mandatory: 

  • Safeguarding
  • Mental Capacity
  • Deprivation of Liberty
  • First Aid
  • Food Safety
  • Fire Safety
  • Manual Handling
  • Medication Awareness/Medication Administration
  • Infection Control 
  • Health and Safety/COSSH 
  • Other training specific to residents needs such as dementia, diabetes, PBS etc. 

Training should be blend of e-learning and face to face training; it is recommended that for more complex areas such as mental capacity and deprivation of liberty that individuals are further competency assessed to ensure they sufficiently understand the information and how this impacts their day to day roles. All courses must be supplied by an accredited provider and/or trainer who has the appropriate qualifications to deliver the training.

Last updated: 07/06/2024