Deprivation of Liberty in the Shadows of the Institution
- ISBN-10
- 1529212014
- ISBN-13
- 9781529212013
- Category
- Law
- Pages
- 316
- Language
- English
- Published
- 2022-03-29
- Publisher
- Policy Press
- Authors
- Lucy, Series
Description
ePDF and ePUB available Open Access under CC-BY-NC licence. 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.
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