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Deprivation of Liberty in the Shadows of the Institution
Lucy Series
2022
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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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Keywords
- Care in the community
- Cheshire West
- Deprivation of liberty
- Jurisprudence & general issues
- Law
- Law & society
- Mental capacity
- Mental health law
- Society & Social Sciences
- Sociology
- Sociology & anthropology
Links
DOI: 10.47674/9781529212006Editions