Deprivation of Liberty in the Shadows of the Institution, livre ebook

This is the first book provide critical analysis of the landmark Cheshire West Supreme Court ruling that has far reaching implications for health and social care and human rights law;

It addresses the paradoxical implications of the Cheshire West case as institutional detention frameworks were applied to the very locations that once represented ‘freedom’;

It offers alternative solutions that can draw a better distinction between institution/incarceration and freedom/home in the post-carceral era.

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.

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?