Social Care Detention: A Socio-Legal Puzzle

Lucy Series | 13 October 2021

More people are deprived of their liberty in England and Wales’ care homes than any other paradigmatic carceral spaces, including prisons, psychiatric hospitals, and immigration detention. In 2019-20 care homes made 163,215 applications to authorise deprivation of liberty under the Mental Capacity Act 2005 deprivation of liberty safeguards (DoLS). The government estimates that 59,600 people living in other ‘community’ care arrangements also require legal safeguards under Article 5 of the European Convention on Human Rights to protect their right to liberty, including people in ‘supported living’ and cared for by their families.

Read this blog in full – it is a significant contribution to an important policy and practice debate…

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