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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A Perception That Relationships Were Getting Worse

There has been a general sense that some relationships with providers have deteriorated in the last two years due to the current financial climate; the retendering of major contracts; decisions around cost of care; the lack of clarity around the future shape of the care market in Essex; and the extent to which the current ECC structure has displaced care providers from Adult Operations as a significant amount of their dealings with the county council have been through the Commercial and Commissioning Directorates.

The Care Act and Shaping the Market

The Care Act requires local authorities to help develop a market that delivers a wide range of sustainable and appropriate high-quality care and support services for users in their communities to choose from. This will not be achieved without providers and ECC working in partnership based on more integration and mutual collaboration. These new ways of working cannot be achieved without good communication, mutual trust and greater openness.

Pressures

There has been a steady increase in the pressures being placed on the whole care system due to increased demand, acuity and the overall reduction in resources. This has manifested itself in a reduction in capacity and concerns about quality and the overall ability to maintain and sustain a vibrant care market in Essex. There is also growing evidence that providers are starting to withdraw from local authority work because it is not financially viable.

Quality Improvement Work

Issues affecting relationships between care providers and ECC emerged as a significant issue when work was undertaken to look at care provider quality during 2015-16. 2 As part of developing the strategy for improving quality, relationship management became one of the four building blocks to improve quality and drive transformation and integration:

  • Vision - Set out a clear vision, direction of travel and quality expectations for the market 
  • Assurance - Be confident we can measure and assess the quality of the market and assure ourselves and service users and carers about the level of quality on offer
  • Intervention - Intervene to support and enable providers to improve quality
  • Relationships - Underpinned by more effective relationship management and partnership working based on a set of agreed 'quality principles' 

We've Been Here Before

During 2014 a project led by Georgia Dedman looked at how ECC engaged with care providers and identified a number of issues that had undermined relationships. These included, messages being sent to the market that were inconsistent; a lack of clear direction and leadership; and no joined up approach and co-production to engagement events. A series of recommendations were put forward, and improvements made, but not all have been implemented to date.

Last updated: 03/11/2021