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
Text size:

Market Vision

One of the 4 themes of the disability strategy and Meaningful Lives Matter Transformation programme is Accommodation, ‘I have a place to call home’ The objective is for everyone to have the home that is right for them, acknowledging that may change through someone’s life. There will be a focus on people being closer to their communities, and meeting and exceeding their individual objectives.

To work with providers with good or above CQC ratings and a focus on quality service

Within this there is a focus on the following residential objectives:

  • To reduce the residential placements made in favour of more community-based services such as supported living, shared lives and general needs accommodation
  • To develop in county services for complex provision
  • To ensure adequate provision across all cohorts
  • To minimise out of county placements
  • To continue to investigate and understand demand and to share this with the market

1 Year Delivery Plan by end of 2024

Description:

To continue to refine in county provision for LDA, to investigate and refine demand for those with physical impairments. To have a strong understanding of demand

Key Milestones:

  • To have developed the new Accommodation Strategy
  • Decision on future of Bramble close site – potential complex residential provision
  • Understanding of demand for residential provision across the county
  • Continue to investigate deregistration of residential to supported living

3 Year Delivery Plan by end of 2027

Description:

To have a clear understanding of residential demand, and to have worked with the market closely on this. To have issued new accommodation strategies following this work. To have complete and active outcomes for those in receipt of residential services​

Key Milestones:

  • To have continued with de registration and right-sizing provision
  • To have embedded the new accommodation strategies and to progress
  • To have developed additional PSI accommodation of required
  • To have sufficient capacity in the market for residential demand
  • Development of complex services if required
  • To ensure services continue to embed into local communities
  • To increase delivery to individual objectives.

7 Year Delivery Plan by 2030

Description:

To have right sized the provision for residential in Essex for Adults with disabilities, having delivered on the accommodation strategies.

Key Milestones:

  • To renew the accommodation strategies as required
  • To have a clear understanding of future demand
  • To have right sized the residential provision in Essex
  • To ensure that the necessary provision is robust and good quality and delivering to individual objectives and embed services in the community

Workforce recruitment and retention

  • To have a robust workforce with the correct standards and qualifications
  • For staff retention to be key to all services

Capacity and demand management

  • To right-size the provision in Essex County Council
  • To develop services where required, likely to be in PSI and complex LDA provision

Putting lived experience at the centre

  • To regularly hear the voice of those using the services and develop further on their experience

Delivering good quality services

  • The CQC ratings of providers to be good or outstanding
  • To focus on quality of support and string, progressive individual outcomes in residential placements

Technology capability

  • To develop effective technological solutions and opportunities with providers

Promoting financial sustainability

  • To have a stable and robust market

Integration with Health

  • To develop closer links with local and acute health providers and services for more seamless and effective support

Diversity, Equality & Inclusion

  • For providers to meet all objectives in this area, and ensure these principles are delivered in their services

Climate and Environment

  • To minimise climate impact where possible and review regularly
Last updated: 17/08/2023