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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Supervision, Competency and Appraisal

Supervision

Supervision should be completed with staff regularly and can be a mix of one to one, group or observational sessions. You should consider standard agenda items such as safeguarding and health and safety and should also aim to discuss training and development opportunities as well as areas which are relevant to the role.  Supervision should be retained on file for each member of staff and be signed by the employee and supervisor. 

Competency Assessments

Competency assessments should also be completed on a regular basis and should include areas such as medication administration, manual handling and care delivery. The assessments themselves should be comprehensive and be a clear record of what has been assessed and observed as well as any supplementary conversations that have been had. Where an individual has been deemed as not competent, there needs to be consideration for next steps such as retraining which should be evidenced and retained on file. 

Appraisal

Performance appraisals should be completed on an annual basis and be a clear record of discussion, performance of the individual, matters specific to job role, training opportunities and any other relevant matters. The records should be retained on file and be signed by the employee and the person completing the appraisal. 

Last updated: 07/06/2024