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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As the start of each of the workshop sessions, both providers and officers were invited to identify things they thought worked well with regard to relationship management. 

Care Providers

  1. ECC tying to engage 
  2. Quality Improvement Team is very good 
  3. Some ECC Officers were first rate
  4. The Proser project as an example of the right wa to do things - the team listens and delivers
  5. Single point of contact (contract managers)
  6. Safeguarding Team has improved
  7. Complaints were generally handled well  

Officers

  1. The provider newsletter
  2. Some of the provider forums
  3. Quality Improvement Team has a good relationship with most providers
  4. Single point of contact/ 'regionalising' contract managers 
  5. Some good market engagement work
  6. Cost of care exercise
  7. Getting members engaged and visiting providers 
  8. We get positive feedback from some providers re: spts work
  9. Link worker role
  10. Mentoring for MCA/DoLs work

Providers and officers did not always agree as to what worked well e.g. many care providers have been critical of the cost of care work. More strikingly was how modest the list appeared to be and confined to relatively few areas of work. There were some acknowledgments that providers and ECC did try to engage but most of the comments were qualified in some way. The references to various specific teams seemed to highlight that effective relationships were built as much on successful one to one and small group interactions as they on getting the overall arrangements right for engaging providers.

Last updated: 20/10/2021