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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Looking ahead

We will develop delivery plans for the next 5 years to see the outcomes by:

  • Making sure we communicate our plans widely across the sector
  • Sharing our data and insight with health partners to promote joint commissioning approaches
  • Regular monitoring of the projects to see how the work is progressing
  • Gathering insight from workforce and people using the services
  • Being transparent about the evaluations of the actions

Current activities

Progress towards
Wellbeing
  • Employee Assistance Programme
  • Essex Wellbeing service
  • Self-care and recovery and end of life care emotional support sessions for care staff
  • Wellbeing services accessible to care staff in Essex
Promote care
  • PR activity
  • Case studies
  • Recruitment fairs
  • Care ambassadors (schools/colleges and jobs fairs)
Recruitment
  • International Recruitment
  • Recruitment Service (CoE)
  • Recruitment Tips
  • Apprenticeships
  • Over 55s / retirees for part time domiciliary roles 
  • Attract those with disabilities and from disadvantaged backgrounds, and more males.
  • Stable and ethical overseas recruitment in the county
Perception
  • Recruitment fairs
  • Technology & Digital training schemes
  • Flexible working hours
Health integration
  • ICB board attendance
  • Dementia programme
  • Shadowing, work placements, options for joint recruitment
  • Health training opportunities
  • Pathways of integration
Careers
  • Leadership training
  • Nightingale (CoE)
  • Clear career progression
  • Blended roles
  • Care ambassadors 
Skills and training
  • Nightingale (CoE)
  • Quality Team initiatives
  • Economies of scale procurement of training
  • Complex needs support (for example dementia / disabilities / those with multiple needs)
  • Support delivery of Oliver McGowan training
  • Training opportunities for unpaid carers and PAs
Pay, rewards and conditions
  • Care Worker Charter (CoE)
  • Employee Assistance Programme
  • Attractive benefits for working in care
  • Essex wage
  • Housing – home sharing schemes
  • Lone worker safety
  • Transport schemes

CoE - refers to activity under the Centre of Excellence (launch TBC)

We know that we cannot achieve everything that we want to, but below is a delivery plan that enables us to see the progress we can make by the end of year 1, year 3 and year 5.

ID

Deliverables

End of year 1 (2023/24)

End of year 3 (2025/26)

End of year 5 (2027/28)
1

Recruitment Service

 Decision on future of the programme

TBC

  
2

Care Ambassadors

Recruitment of Ambassadors

Ambassador network established

Regionally / nationally recognised
3

International / Refugee Recruitment

Regional project delivering activity using DHSC funds

Normal recruitment routes for providers

  
4

Essex Care Worker Conditions of Employment / wellbeing

If approved, Charter to be agreed and begin to embed in care contracts

Charter fully established in contracts (if approved)

  
5

Centre of Excellence for Care

Launch date TBC

Fully established

  
6

Quarterly Client Level Data submissions DHSC

Complying with national requirement

Complying with requirement

Complying with requirement
7

Transport Support Schemes

Research stage

TBC following research

  
8

Communications hub

Research stage

TBC following research

  
9

Volunteers

Development of volunteer networks TBC

Established volunteer network

  
10

Attract more males & over 55s / retirees

Research stage

TBC following research

  
11

Shadowing/work placements

Development of programme

Established programme countywide

  
12

Economies of scale procurement

Research stage

TBC following research

  
13

Housing - Home sharing schemes

Research stage

TBC following research

  
14

Lone worker safety

Research stage

TBC following research

  
15

Supporting complex needs – working alongside other ECC strategies to ensure staff working with people with complex needs (for example dementia, disabilities or mental health) receive appropriate training. This includes, but not limited to:

  • Oliver McGowan training
  • Managing difficult behaviours
  • Communication skills
  • Managing multiple needs
  • Intermediate care / Reablement needs

TBC

TBC

  
16

Training opportunities for unpaid carers / Personal Assistants (PAs)

TBC

TBC

  
Last updated: 31/10/2024
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