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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What providers tell us

The biggest challenge for providers has been recruitment and retention of care workforce. There is a national shortage of care professionals.

The economic situation is very difficult. Providers seek increased funding to enable them to recruit and retain workers, and to address challenges around high inflation and energy costs.

Supported Living providers have felt left out and feel they have not been prioritised as much as other parts of the market.

Relationships and working arrangements with the NHS need to be improved.

This diagram groups together our key challenges and support to improve our services within Adult Social Care. 

Quotes from our providers 

“We feel we are left out of any key decisions”

“NHS partners don’t treat us as equal partners”

“I need more clear information, less jargon”

“Carers used to overlook the money because they do the job out of love, but love doesn't put food on the table"

 

Last updated: 28/03/2023