Deprivation of Liberty in the Shadows of the Institution

Others

Deprivation of Liberty in the Shadows of the Institution

By Lucy Series
Bristol University Press April 2022

Specifications

ISBN-13
9781529211993
Publisher
Bristol University Press
Publication
April 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of 'deprivation of liberty' resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as 'detained'.

Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of 'home' and 'institution' it proposes solutions to the Cheshire West ruling's paradoxical implications.

Table of Contents

1. Introduction
2. Distinguishing Social Care Detention
3. The Law of Institutions
4. The Post-carceral Landscape of Care
5. Social Care Detention in Human Rights Law
6. Institution/ Home
7. Regulatory Tremors
8. The Acid Test
9. Aftermath
10. 'Protecting the Vulnerable'
11. Out of the Shadows of the Institution?
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