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

Our key strategy for Care Technology is:

  • By 2030, our ambition is for every individual in receipt of Adult services will have access to Care Technology
  • Adults will have access to care technology to maximise their independence, ensuring the Adult has the right size package and reduce escalating needs through Prevent, reduce delay.

1 Year Delivery Plan by April 2024

Description:For the next 12 months, ECC will continue to grow the scope and delivery of Care Technology across Essex with partner organisation.

Key Milestones:

  • New Care Technology from March 2024 for 2 years
  • Work with key stakeholders to establish pathways with Sensory teams to be able to order Care Technology.
  • Enable Children’s services to like for like order following exit of ICES contract.
  • Imbed data-lead Care Technology delivery within Intermediate Care
  • Develop and test hybrid care model across Mid-Essex
  • Establish opportunities to utilise Short-Term monitoring equipment across Adult Social Care.
  • Recruit dedicated TEC Hospital post at least one per quadrant to support discharges.

 

3 Year Delivery Plan by April 2027

Description:

In 2025, the Digital switchover will be completed, and work will be undertaken from now until then to ensure no analogue devices remain across Essex.

In 2026, a further decision will need to be made about another 2-year extension if the initial decision is to extend.

Initial conversations will be underway to consider the recommissioning intentions for June 2028.

Key Milestones:

  • Replacement of all analogue devices by 2025
  • Initiate discussions on Care Technology recommissioning intentions June 2028
  • Imbed learning from test and learn within Live at home to incentivise utilisation of Care Technology in long-term domiciliary care
  • Establish Care Technology Care Home offer within new IRN contract.
  • Use Predictive analytics work to inform future commissioning gaps.
  • Link-up Care Technology data with data collected from EHM for market shaping strategy.

 

7 Year Delivery Plan by April 2030

Description:

Key Milestones:

  • Incorporate Care Technology into future commissioned services
  • Establish a fully integrated health and social care, care technology service.
Last updated: 17/08/2023