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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Market Vision

Market Vision:​

Adult Social Care services is aimed at promoting the maximum possible independence for adults who draw on care and support services. In extending this principle to the councils’ provision of transport services, adults will be assessed to ensure the adults transport needs can be met best through independent travel arrangements or whether council-provided transport services continue to be necessary. Where transport is provided its needs to be safe, efficient, reliable, sustainable and value for money.​

Our strategic aims:​

  • Move towards a flexible model of transport that includes more weekend and evening travel​
  • Positive experience of Service Users who have eligible need for ASC transport​
  • The service contributes to local and global environmental sustainability – internally as an eco-aware organisation, and externally by supporting local green activities​
  • Enable delivery of emerging day services offer with fully aligned transport offer​

1 Year Delivery Plan by end of 2024​

Description: ​

For the next 12 months, Adult Social Care will undertake a review of transport provision to inform its recommissioning of contracts post 2024. ECC will also go live with a new framework for transport services which will include new specifications and Terms and Conditions.​

Key Milestones:​

  • Transport provision review completed by Autumn​
  • New Dynamic Purchasing Framework in place for ECC transport provision by Autumn​
  • Transport offer for recipients of Adult Social Care transport developed and in place, supported by improved practice guidance for practitioners​   

 

3 Year Delivery Plan by end of 2027​

Description:​

By summer of 2027, Adult Social care will have aligned its transport offer to its emerging day service(s) models​

 ​Key Milestones:​

    • Work with strategic providers to ensure ASC transport offer is aligned to new day services model(s)​
    • New specifications and terms and conditions developed if required departure from existing ECC framework for transport services​
    • Ad hoc transport framework developed and in place

 

7 Year Delivery Plan by 2030​

Description:​

By April 2030, ASC day centre model(s) will be fully embedded with fully aligned transport offer​

Key Milestones:​

  • Review and recommissioning of transport provision​

Capacity and demand management

  • To manage supply and demand within our transport market

Putting lived experience at the centre

  • Surveys and focus groups to understand service user experience of ASC transport and to inform future tender

Technology capability

  • Use of new technology to improve the way operators plan and route optimise

Climate and Environment

  • The service contributes to local and global environmental sustainability - internally as an eco-aware organisation, and externally by supporting local green activities 
Last updated: 17/08/2023
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