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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Our aim is for carers to have easy access to information, advice, guidance and support, we will improve the support offer for unpaid carers to allow for wider range opportunities. Carers to have good quality support, and allowance for carer’s break. We want to increase the training offer as they are experts in influencing and shaping the care support people they care for.

  • August 2023: Launch tender for the core commissioned offer of support for carer​
  • September 2023: Development of EWS enhanced offer​
  • January 2024: Contracts awarded for the core commissioned offer​
  • April 2024: New model of support for carers in place​
  • May 2024: Launch of Carers Community Fund​
  • October 2024: Extension of Carers User Voice Project  ​
  • October 2024: New virtual offer service for carers goes live
  • External evaluation of the new model of support for carers​
  • Review of core commissioned carers support service​
  • Procurement of Carers User Voice Service​
  • Decisions regarding extension of core commissioned carers support service​
  • Review and update of All-Age Carers Strategy
  • Recommissioning of core commissioned carers support service​
  • Delivery of a new All-Age Carers Strategy
  • Improve practice and processes re identification and support for carers​
  • Carers can easily access information, advice, guidance and support ​
  • Improve transitions for carers​
  • Champion carers needs and rights across Essex communities​
  • Carers will have increased opportunities to access good quality support​
  • Carers will be the experts that influence and shape decisions about their support and support for those they care for
Last updated: 18/12/2024
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