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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Outside of the Eastern region, five other LAs spoken to reported having some difficulties in their relationships with care providers in recent years. Some specifically noted things had become more strained in the past two years due to the financial challenges facing the sector and the increased demand for services. Those who reported the most positive relationships said that talking and listening was key to maintaining effective working, whatever the challenges.

Four out of five LAs spoken to said directors led all significant discussions with providers and for  some  authorities it was seen as the responsibility of at least one senior officer  (normally at director or assistant director level) to maintain regular  formal and informal contact with providers.

Most of the LAs in the Eastern Region reported that they felt able to have 'difficult conversations' with providers but that these were often challenging.

Whilst not completely off the pace, in comparison to other LAs, Essex is probably behind in terms of having a mature structure to engage with care providers, and with regard to clarity as to where the responsibility lies to develop and maintain an infrastructure to work effectively with providers.

Last updated: 20/10/2021