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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Enabling Theme

 Strategic Actions

Health & Social Care

Integration
  1. Review and re-shape the Better Care Fund to promote shared outcomes and joint working
  2. Develop joint place-based plans with each Alliance
  3. Enhanced approach to addressing and reducing health inequalities
  4. Enhance and develop integrated neighbourhood teams

Diversity, Equality

& Inclusion
  1. Increase uptake of disability training in the market such as sensory & autism
  2. To promote inclusive employment opportunities through the supply chain
  3. Ensure the levelling-up agenda is embedded within place-based plans
  4. Adopt a Zero Tolerance policy to abuse across all protected characteristics

Climate, Environment

& Social value
  1. Establish baseline position of care market against Carbon Net Zero ambition
  2. Raise awareness, train  and educate our social care market on the value of  climate, environment & social value
  3. Support and incentivise providers to embrace climate, environment and social value
  4. Ensure all services in Adult Social Care incorporate Climate, Environment and Social Value

Market Relationship
  1. Support the enhancement of Essex Care Association to increase offer to social care market
  2. Drive towards Fair Cost of Care using government funding
  3. ECC to publish clear commissioning and funding intentions for care market
  4. Ensure ECC actively collaborate with providers on operational issues
  5. Ensure engagement of care providers in Integrated Care Systems and local place-based alliances
Last updated: 28/03/2023
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