Policy Press

Deprivation of Liberty in the Shadows of the Institution

By Lucy Series

Published

Mar 29, 2022

Page count

316 pages

Browse the series

Law, Society, Policy

ISBN

978-1529211993

Dimensions

234 x 156 mm

Imprint

Bristol University Press

Published

Mar 29, 2022

Page count

316 pages

Browse the series

Law, Society, Policy

ISBN

978-1529212006

Dimensions

Imprint

Bristol University Press
Deprivation of Liberty in the Shadows of the Institution
Download via OAPEN

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.

Lucy Series is a Wellcome Senior Research Fellow and Lecturer in law in the School of Law and Politics at Cardiff University.

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?