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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The Council engaged with the Essex Care Association (ECA) and Care England on our Cost of Care exercise and Market Shaping Strategy. We scheduled a series of sessions to give providers an opportunity to collaborate will ECC on the delivery of our Market Shaping Strategy and Market Sustainability Plan.

 

February 2023

The Council hosted the following webinars on the outcome of the exercise. To ensure all providers are able to attend, we have scheduled 2 sessions on the same topic, the dates were:

  • Webinar 1 - Fair Cost of Care Outcomes for Providers - Tuesday 21st February 11:00-12:00
  • Webinar 2 - Fair Cost of Care Outcomes for Providers - Thursday 23rd February 11:00-12:00

Information on the webinar and answers to questions asked during the workshop:

March 2023

The Council hosted engagement sessions on the Market Sustainability Plan to offer providers an opportunity to understand the content prior to formal sign off, the dates for this were:

  • 8th March 2023: Engagement session on the draft Market Sustainability Plan and Market Shaping Strategy with ECA - 12-13:30
  • 21st March 2023 - Provider Webinar on the draft Market Sustainability Plan & Strategy - 14:00 - 15:00

Information on the webinar are: 

April 2023

The Council hosted sessions on the final Market Sustainability Plan and how this aligned to the Market Shaping Strategy, and Social Care reform objectives. The dates for this were:

  • 6th April 2023: Engagement session 1 on the Market Shaping Strategy with Adults with Lived Experience 10:30 -11:30
  • 19th April 2023: Stakeholder Engagement session with providers and all our partners 13:00 - 15:00
  • 26th April 2023: Engagement session 2 on the Market Shaping Strategy with Adults with Lived Experience 15:00 - 16:00

The Council will be working with our existing forums to ensure information is shared at all opportunities. If you have any questions or would like to provide feedback on these topics or sessions please let us know through our Engagement Tool, which you can access by clicking here.

Last updated: 11/09/2025
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