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
Text size:

A number of 'Tier One' residential and nursing, and home care providers were contacted directly to gather their views on relationship management as it was noted by providers that they were often absent from engagement sessions with ECC.

They reported the following:

  • Generally more positive  relationships with ECC
  • Positive experiences of working with the Contracts Team, less so Safeguarding and, whilst they acknowledged this had improved, they felt that at times the approach was too heavy handed and inconsistent;
  • A greater self- reliance to tackle quality and recruitment issues;
  • A desire to work more collaboratively;
  • Concerns about pricing method and relationship between cost and quality;
  • Social workers were often slow to respond and yearly reviews were not being done;
  • A general lack of appreciation of the demands now being placed on providers e.g. 24/7 working; and 
  • Some dissatisfaction with the help to live at home (Domiciliary) procurement work.

What they wanted most from ECC was:

  • Promoting the care profession more strongly in Essex;
  • Taking a stronger lead on the whole recruitment and retention agenda;
  • As much clarity as possible about future direction;
  • Being less risk averse and traditional in its approaches; and 
  • A fairer and consistent pricing structure that recognised complex needs and acuity.
Last updated: 20/10/2021