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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How we will deliver

The national and local trend shows that we need to develop some clear frameworks to recruit and retain a resilient care workforce across our whole county, and this requires new ways of working in partnership to understand the changing demand and capacity.

Essex will work alongside the Integrated Care Systems in developing an approach to supporting the common themes regarding supporting people to live as independently as possible, focusing on prevention and early intervention.  

We will work with our community partners and alliances to attract people with the right behaviours and values to join the care sector. Investing in their skills and expertise, making care roles equally as rewarding financially and emotionally as health jobs. 

Continue to support our care providers through funding to invest and innovate into digital solutions for more effective use of time and make savings for greater personalised care.

Work closely with Essex Care Association in addressing the recruitment and retention challenges through regular provider engagement, and greater utilisation of our Skills Development team to help attracting more younger workers.

We will co-produce clear commissioning intentions that focus on place-based outcomes, allowing to attract people from outside of care and encourage people with disabilities to join the care sector. 

Through a central communication hub, we will have two-way feedback, and this will support with retention and understanding the challenges for our workforce.

We will build on the good initiatives we have started as these will support the formation of the Centre of Excellence for Care.

Last updated: 11/12/2023