Policy Press

Publishing with a purpose

Deprivation of Liberty in the Shadows of the Institution

By Lucy Series

Published

Mar 1, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529211993

Dimensions

Imprint

Bristol University Press

Published

Mar 1, 2022

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529212006

Dimensions

Imprint

Bristol University Press

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

Introduction

The Law of Institutions

Institution/Home

The post-carceral landscape of care

Regulatory tremors

The acid test

Aftermath

‘Protecting the vulnerable’

The canary in the gilded cage

Breaking free of the paradigm of the prison cell