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 vision

To support Essex County Council’s strategic vision:

Making a difference every day

We need a highly skilled, responsive and diverse workforce that can deliver safe and high-quality personalised care to residents of Essex. Supporting them to be independent for as long as they can.

Our commitments

1.The care market has access to a skilled and resilient workforce now and in the future. Providers meet the required skillsets and there is career progression available to all staff.

2.The care sector is a place people want and choose to work in. We will promote the sector through incentives and support providers to have preferred employment packages.

3.Adults who need support have plenty of choices to suit their needs, and this is available in every part of our county.

4.Carers, un-paid carers and personal assistants have easy access to training and upskilling, and there is a bank of additional Personal Assistants (PAs) for people to access.

5.The workforce will be competent, capable and confident to use new digital technology.

6.Essex County Council and care providers have a zero-tolerance mandate around discrimination and abuse towards staff and adults.

7.We work with health services and community enterprises to promote outcome-based approaches.

8.We work in collaboration with the ADASS regional group to lobby and contribute towards emerging agenda to central government.

Last updated: 11/12/2023