Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New rules for legal practice: guidance for legal professionals
The Ministry of Justice has published a page on the gov.uk website bringing together guidance for legal professionals on the new rules for various areas of legal practice. The page can be found here....
Book Review on Cohabitation: Law, Practice and Precedents (8th Edition)
It is 27 years since Denzil Lush first produced this book, some subsequent editions of which one has had the pleasure of reviewing for Family Law, and which, for some reason, does not figure as much...
Re AC (A Child) [2020] EWFC 90
(Family Court, Peel J, 11 December 2020)Private Law Children – s 8, Children Act 1989 – Inheritance - Jurisdiction Whether court had jurisdiction to authorise the mother to accept the...
Second reading in the House of Lords of the Domestic Abuse Bill
The Domestic Abuse Bill received its second reading in the House of Lords on 5 January 2021. The committee stage, where the bill will be scrutinised line-by-line, does not yet have a confirmed date....
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

The (not so?) great confinement (£)

Sep 29, 2018, 21:46 PM
family law, Cheshire West, Winterbourne View, deprivation of liberty, DOLS, threshold
This article calls into question whether the right to liberty is the most effective means of achieving that policy aim. After all, it did nothing to prevent the torture of Winterbourne View.
Slug : the-not-so-great-confinement
Meta Title : The (not so?) great confinement (£)
Meta Keywords : family law, Cheshire West, Winterbourne View, deprivation of liberty, DOLS
Canonical URL : http://www.jordanpublishing.co.uk/practice-areas/private-client/news_and_comment/the-not-so-great-confinement
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 24, 2015, 03:08 AM
Article ID : 108863
Neil Allen, Barrister, 39 Essex Street and Lecturer, University of Manchester

As a result of the Supreme Court’s decision in P (By His Litigation Friend the Official Solicitor) v Cheshire West and Chester Council and Another; P and Q (By Their Litigation Friend the Official Solicitor) v Surrey County Council [2014] UKSC 19, [2014] COPLR 313 (‘Cheshire West’), we are presently witnessing something very unique, something historical. And that is the mass authorisation of deprivation of liberty of a significant proportion of the disabled population. Tens of millions of pounds are being diverted from health and social care budgets to authorise deprivations of liberty on an industrial scale. Up and down the country – as Art 5 ECHR takes hold – an additional layer of legal procedures are now required to oversee health and social care. We are in the throes of what might be called a great confinement.

Whether the Supreme Court was right to lower the threshold for deprivation of liberty beyond that presently recognised by the European Court of Human Rights remains to be seen. No one will ultimately know unless and until
The full version of this article appears in issue 1 of 2015 of Elder Law Journal.

If you subscribe to the journal please click here to read the full article.

For details on how you can subscribe to Elder Law Journal or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email: sales.manager@jordanpublishing.co.uk


Categories :
  • Articles
Tags :
key
Authors
Provider :
Product Bucket :
Load more comments
Comment by from