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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Priority themes

Recent years have highlighted that commissioning the workforce is not simply a matter for employers and providers, but also about building a wider labour market of choice and developing skills within communities.

We need to equip people with the right behaviours, competencies and attributes to enable delivery of good quality support. This includes un-paid carers, personal assistants and community resources.

Through market context and Skills for Care data, and from various surveys and market engagements these are the 3 critical areas to address within this strategy.

We believe that addressing these areas will help to support retention of new and existing staff.

  1. Pipeline of new and skilled workforce
  2. Training and career pathways across all service areas
  3. Pay, conditions and wellbeing support
Last updated: 20/06/2023