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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Purpose

The purpose of this document is to invite comments on the outcomes of the relationship management project undertaken by Essex County Council (ECC) between June and October 2016. This summarises a range of recommendations for improving relationships between care providers and ECC. It highlights some initial actions that both parties have already agreed to undertake in the next few months, as well as proposing other possible ways forward.

The document has been agreed with those providers that volunteered to participate in this project and senior ECC officers. See Appendix A.

The document invites comments on the ideas and proposals set out below on the basis that:

  • The relationships between ECC and some providers has become increasingly strained over a number of years and both sides have recognised the need to rebuild trust and establish greater openness when working to meet the current challenges facing the care sector;
  • Improved relationships need to focus more on helping service users achieve their outcomes, not on the needs of ECC or individual providers;
  • Providing high quality care will only be possible through integrated solutions and joined up partnership working and this can only be achieved through building more positive and constructive relationships; and
  • Improving relationships will take time, commitment and resources, and will need to occur incrementally as both sides build their capacity to work more effectively in partnership.
Last updated: 20/10/2021