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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Workshop outcomes

As part of the seven workshop sessions held with provider and officer groups, people were also invited to identify those issues they thought were inhibiting positive relationships the most. This naturally yielded a lot of material for analysis and proved particularly effective in starting to draw out what the key 'sticking points' were between providers and ECC.

From the analysis a number of distinct themes arose - see Figure 6 and Appendix D. These were separated out to highlight the differences but also show the similarities between what providers and officers were thinking and feeling. 

An illustrative textbox covering identified issues from care provider workshops and officer worshops

By consensus, it was agreed that each of the statements had an element of truth but were probably based upon only a partial awareness of each other's worlds and past experiences. Putting aside the extent to which any of these statements are actually true or not, collectively they seem to suggest the following:

  • Providers overall feel ECC has a pretty negative view of them and they certainly don't feel part of the care system as whole; and
  • ECC officers, whilst overall holding a less consistent view of providers, seem to have two dominant perceptions. Firstly, differing views about the type of relationship ECC needs/wants with providers. Secondly, there is a significant level of mistrust about providers based on perceptions about money, quality and business acumen.
Last updated: 03/11/2021