Policy Press

Publishing with a purpose

Deprivation of Liberty in the Shadows of the Institution

By Lucy Series

Published

Mar 29, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529211993

Dimensions

234 x 156 mm

Imprint

Bristol University Press

Published

Mar 1, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529208382

Dimensions

Imprint

Bristol University Press

Published

Mar 29, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529212013

Dimensions

Imprint

Bristol University Press

Published

Mar 29, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529212006

Dimensions

Imprint

Bristol University Press
Deprivation of Liberty in the Shadows of the Institution

Epdf and ePUB available Open Access under CC-BY-NC licence.

During the twentieth 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-categorised 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 has thought more deeply and insightfully about deprivation of liberty than anyone else, and the fruits of those thoughts is this marvellous, compelling and challenging book.” Alex Ruck Keene, 39 Essex Chambers and King’s College

“Series provides a carefully constructed and breathtakingly thorough examination of social care law in England and Wales. Her work serves as an invitation to socio-legal scholars to reconsider foundational legal concepts of liberty, detention and justice through the often-neglected lens of disability.” Linda Steele, University of Technology Sydney

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