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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Background

The relationship management paper included a recommendation to conduct an annual survey of providers and officers to measure the development of the relationships. We chose to do this through a Provider Survey and a separate Officer Survey.

The survey centered around the following questions and themes (in bold).

  • How well do care providers and ECC share information?
  • How well do we trust each other?
  • Inclusion and Involvement in Planning and Key Decisions that Impact Upon Service Users  How integrated is our working?
  • How well do we manage conflicts
  • Do we understand what our respective roles and responsibilities are?
  • How clear are we of our strategic direction
  • How responsive are we to each other's needs?

ECC initially conducted the surveys between 2016 and 2018.

Provider Relationship surveys 2019-2021

ECC commissioned Enventure Research to undertake the surveys from 2019 to 2021. 

The survey aimed to:

  • Provide ECC with up-to-date understanding of care providers’ and ECC care officers’ views on working with each other
  • Gauge if relationships are improving and identify areas of weakness through comparisons
  • Provide recommendations on focused activity to alleviate identified issues, where possible.

Results:

The results of the surveys are detailed below:

2016 Survey Results(ECC survey)

2017 Survey Results (ECC survey)

2018 Survey Results (ECC survey)

2019 Survey Results (Enventure Research)

2020 Survey Results (Enventure Research)

2021 Survey Results (Enventure Research)

Last updated: 06/09/2022