Bookshelf_NBK559396.pdf
In 2014 the UK Supreme Court was asked to rule on whether three people with intellectual disabilities were deprived of their liberty. Each of these people were living in 'post-carceral' care settings in the community: a small care home, supported living and in foster care. The Supreme Cour...
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Hart Publishing
2021
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oapen-20.500.12657-470272021-03-04T02:15:01Z Chapter 13 Making Sense of Cheshire West Series, Lucy persons with disabilities community United Kingdom law bic Book Industry Communication::L Law In 2014 the UK Supreme Court was asked to rule on whether three people with intellectual disabilities were deprived of their liberty. Each of these people were living in 'post-carceral' care settings in the community: a small care home, supported living and in foster care. The Supreme Court ruled that they were, and the resultant 'acid test' of deprivation of liberty under UK law means that over 300,000 people living in the community are considered to be detained and requiring legal safeguards. This This chapter analyses the ruling in its historical context and in light of the UN Convention on the Rights of Persons with Disabilities. It suggests future avenues for addressing some of the judgment's more paradoxical and troubling consequences. 2021-03-03T13:01:35Z 2021-03-03T13:01:35Z 2020 chapter https://library.oapen.org/handle/20.500.12657/47027 eng application/pdf Attribution 4.0 International Bookshelf_NBK559396.pdf Hart Publishing The Legacies of Institutionalisation 6e5c1b33-df1a-4ad3-a711-cc7d2768d49e 145a070a-a2f0-46da-96d8-73954479f6f5 d859fbd3-d884-4090-a0ec-baf821c9abfd Wellcome 12 200381/Z/15/Z Wellcome Trust Wellcome open access |
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DSpace |
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English |
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In 2014 the UK Supreme Court was asked to rule on whether three people with intellectual disabilities were deprived of their liberty. Each of these people were living in 'post-carceral' care settings in the community: a small care home, supported living and in foster care. The Supreme Court ruled that they were, and the resultant 'acid test' of deprivation of liberty under UK law means that over 300,000 people living in the community are considered to be detained and requiring legal safeguards. This This chapter analyses the ruling in its historical context and in light of the UN Convention on the Rights of Persons with Disabilities. It suggests future avenues for addressing some of the judgment's more paradoxical and troubling consequences. |
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Hart Publishing |
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2021 |
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1771297505119567872 |
