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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Market Vision

For a vibrant and sustainable domiciliary care market with sufficient capacity to support more people in their own home for longer in life, with diverse and complex needs.​

A workforce that is stable and valued, with good career options. ​

Joined up support available in coordination with the NHS, other social care services and housing.​

Key aims are:​

  • Support people to remain independent​
  • Good quality care​
  • Sustainable pricing​
  • Consistent and sufficient supply in all areas​

1 Year Delivery Plan by end of 2024​

Description:​

Refresh of the LAH framework completed, and project established to commence redesign of new contracts to replace current LAH framework​

 ​Key Milestones:​

  • Consultation on care workers charter completed​
  • Retention fund discharged​
  • Framework refresh complete.​
  • Proposals for new contract developed in partnership with the market​

 

3 Year Delivery Plan by end of 2027​

Description:​

New LAH contract in place​

Key Milestones:​

  • New contract live by April 2025. Greater focus on outcomes​
  • Care workers charter embedded in the new contract​
  • Supply available in all areas​
  • Workforce stable with both recruitment and retention metrics showing positive improvement from year one position​
  • Strong relationships between ECC and core suppliers​
  • Links in place with NHS commissioning​
  • Coordination with day services offer, for example, in meals support​
  • Support from suppliers for early identification of deterioration and links with neighbourhood teams/intermediate care offer​
  • Digital integration​
  • Personalised approaches and wider use of ISFs​

 

7 Year Delivery Plan by 2030​

Description:​

Integrated approaches supporting more complex people in the home​

Key Milestones:​

  • Replacement of LAH contract let in 2025 underway on time if required​
  • Relationships in place between LAH suppliers and community health / UCRT and virtual wards to wrap support around people if needed​
  • Links established between suppliers and available community support for social needs.​

Workforce recruitment and retention

  • Retention fund decision coming forward July 2023 and will support the workforce

Capacity and demand management

  • Ensure additional blocks have been used in hard to source areas, and refresh opportunity helps to rebalance prices to support entrants in the right place

Delivering good quality services

  • Good or outstanding CQC rating only on tier 1 providers should be a focus

Technology capability

  • Technology needs to be further utilised
Last updated: 17/08/2023
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