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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Relationship management (RM) is a strategy in which a continuous level of engagement is maintained between an organisation and those it works with. In the context of this project, relationship management looked at the relationship between two 'businesses' (i.e. ECC and care providers) rather than relationships between ECC and services users (i.e. customer relationship management - CRM).

Relationship management aims to create a partnership between the organisation and those it chooses to work with rather than considering the relationship merely as transactional. Therefore, providers who feel that ECC responds to their needs are more likely to want to continue working with the Council. Additionally, maintaining a level of communication with providers will allow ECC to identify potential sources of costly problems before they come to a head.

Underpinning good relationships is the need to partner effectively. Effective partnerships are generally said to be based on:

  • Good information sharing;
  • Effective communication;
  • Openness and trust;
  • Shared understandings; and
  • Effective consultation and engagement.
Last updated: 20/10/2021