Description

Book Synopsis
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.

Table of Contents
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?

Deprivation of Liberty in the Shadows of the

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    A Paperback / softback by Lucy Series

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      Book details

      Publisher Bristol University Press
      Published 29 March 2022
      ISBN-13 9781529211993
      978-1529211993
      ISBN-10 1529211999
      Also in:
      Law Law and society, sociology of law Social welfare, social policy and social services Sociology

      Description

      Book Synopsis
      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.

      Table of Contents
      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?

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