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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Market Context

Community Micro-Enterprises are small (fewer than 8 employees/volunteers), local and person-centred organisations that provide a broad range of support to people in their community. It ranges from small, niche care providers to handy-people, cleaners, fitness instructors and peer-led support groups. This not only gives more choice to people who are purchasing care but also adds capacity to the care market by delivering tasks that don’t need to be delivered by a trained carer.

Many people who receive a direct payment are buying care and support from the same organisations that ECC purchases care and support from. This is often as a result of the fact there is a limited personalised market available to buy from.

Community micro-enterprises are intentionally small organisations who work in the local community they live in and provide personalised and tailored support for people. Their business/enterprise is built upon their reputation in the community, so they have a vested interest in providing good quality support.

ECC are encouraging and supporting the set-up of community micro-enterprises to increase choice for people in terms of the support they receive. The council provide information and signpost to advise and ensure the enterprises are following the “doing it right standards” to maintain quality of provision. Our focus is on South, North and Mid local areas currently and a road map is being developed to ensure coverage across the county.

People can purchase support from a community micro-enterprise through their direct payment. The council are also exploring options as to whether it is possible to purchase support directly form a community micro-enterprise

Essex Market
No. Providers 120
Average Rate per hour £22

The information shown in the table(s) above is correct as of 31st March 2025.

ECC are in the fourth year of a longer-term project to boost the number of Community Micro-enterprises across all areas of Essex. The early stages of the project focused on setting the foundations for success and establishing the project in the South and North of the county. We have seen a continued growth in the number of micro-enterprises and an expansion to include also areas in the Mid of Essex. We are now hoping to extend the scope of the project to include also areas in West, aiming for micro-enterprises to eventually become available countywide.

There is also a focus on promoting Community Micro-enterprises with people who may wish to buy their services as well as professionals and partners across the system.

The COVID impact highlighted is:

  • Covid had a positive and negative impact on the project. It has made it difficult to get into the communities to promote the project. It has also reduced the appetite for being self-employed as it highlighted the risks of being self-employed, for example no access to furlough. However, COVID introduced many new people to the social care sector through volunteering and raised awareness and this has encouraged some people to set up their own business offering support to others in their community.

Current market risks:

  • There is a risk around contingency when working with small providers of support. However, as part of the development programme we encourage the entrepreneurs to discuss contingency planning with prospective customers so they can have a back-up plan in place. To build the relationships between CMEs to help with contingency we are developing a network to build trust and relationships amongst the entrepreneurs.

Our current area of focus is:

  • Increasing number of Community Micro-enterprises in Essex (all areas)
  • Working with the Tribe digital platform and local system partners to promote Community Micro-enterprises with DP recipients and people who fund their own care.
Last updated: 01/04/2025
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