Policy Press

Publishing with Purpose

Deprivation of Liberty in the Shadows of the Institution

By Lucy Series

Published

Oct 1, 2021

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529211993

Dimensions

Imprint

Bristol University Press

Published

Oct 1, 2021

Page count

224 pages

Series

Law, Society, Policy

ISBN

978-1529208382

Dimensions

Imprint

Bristol University Press

Published

Oct 1, 2021

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