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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What we are doing

The social care sector needs significant long-term investment and support to recognise and value the care workforce, as highlighted through the COVID-19 pandemic.

Essex County Council has been taking positive actions across Essex developing initiatives to recruit and retain staff, promotion of the care sector as a valued place to develop a career in, and encouraging groups of young people that are underrepresented in the care workforce.

It comes as no surprise that employers who offer long-term skills development and professional training say the primary benefits are better skilled workers, better engagement and better retention.  We have developed a set of free and funded training programmes such as apprenticeships, degree programmes, mentoring and online coaching and webinars sessions.

Burnout and staff wellbeing are significant issues facing the workforce following the COVID-19 pandemic. To support and look after carers we have developed resources and promoted wellbeing support to help providers and their staff.

Supporting local & international recruitment

Previous support

  • Care Friends Referral App (12 months to 31 March 2023)
  • Funding Blue Light Cards for staff reward (12 months to 31 March 2024)
  • Care Market Recruitment Campaign ‘Your Career Matters’ – Social Media, PR, a Provider Toolkit & Radio Ads (ended 31 October 2024)

Care workers feel recognised, appreciated & looked after

We will work towards every care contract incorporating the following mandatory requirements of our providers:

  • To have a robust workforce plan / strategy
  • To have a robust wellbeing strategy for their staff
  • To upload workforce information to the Skills for Care ASCWDS dataset
  • To receive the Essex County Council Provider Bulletin

Detailed plan in the appendix

Launch TBC

The centre, which will be the first of its kind to be launched by a local authority, will shine a light on the adult social care sector in Essex. Through the centre we aim to show how much we value and recognise our care workforce and the valuable contribution it provides.

We are committed to providing the best possible care for those who need it, when they need it the most. The launch of our Centre of Excellence is another step in making this a reality.

The key aims of the centre are:

  • Recruitment of new staff
  • Improving and increasing technology within the sector
  • Care worker charter
  • Training opportunities for new and existing staff
Last updated: 31/10/2024
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