Deprivation of Liberty in the Shadows of the Institution

Lucy V Series

Deprivation of Liberty in the Shadows of the Institution

Lucy V Series

School for Policy Studies

Research output: Book/Report › Authored book

Abstract

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.

Original language	English
Publisher	Bristol University Press
Number of pages	316
ISBN (Electronic)	978-1529212006
ISBN (Print)	978-1529211993
Publication status	Published - 29 Mar 2022

Publication series

Name	Law, Society, Policy
Publisher	Bristol University Press

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 3 Good Health and Well-being

Research Groups and Themes

Ageing Futures
Health and Wellbeing
Centre for Health, Law and Society
SPS Centre for Research in Health and Social Care
SPS Norah Fry Centre for Disability Studies
SPS Health Social Care and Disability Research Centre

Keywords

human rights
Social Care Detention
Deprivation of liberty
Mental Health Act 1983
Convention on the Rights of Persons with Disabilities
Socio-legal studies
Mental Capacity Act 2005

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https://bristoluniversitypressdigital.com/display/book/9781529212006/9781529212006.xmlLicence: CC BY-NC

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Cite this

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abstract = "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 {\textquoteleft}deprivation of liberty{\textquoteright} resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as {\textquoteleft}detained{\textquoteright}. 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 {\textquoteleft}home{\textquoteright} and {\textquoteleft}institution{\textquoteright} it proposes solutions to the Cheshire West ruling{\textquoteright}s paradoxical implications.",

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AB - 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.

KW - human rights

KW - Social Care Detention

KW - Deprivation of liberty

KW - Mental Health Act 1983

KW - Convention on the Rights of Persons with Disabilities

KW - Socio-legal studies

KW - Mental Capacity Act 2005

M3 - Authored book

SN - 978-1529211993

T3 - Law, Society, Policy

BT - Deprivation of Liberty in the Shadows of the Institution

PB - Bristol University Press

ER -

Deprivation of Liberty in the Shadows of the Institution

Abstract

Publication series

UN SDGs

Research Groups and Themes

Keywords

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