David Hewitt

Author, Btopenworld

Deprivation of liberty can never be 'normal'

Defining normality by comparing a disabled person 'with someone in a similar situation is a questionable approach, says David Hewitt

Purpose alone can no longer determine if there is a deprivation of liberty

Earlier findings by Lord Justice Munby that safeguards do not apply because deprivation of liberty has a benevolent purpose are no longer supported by the more recent approach taken by the European Court of Human Rights, writes David Hewitt

Beyond reasonable belief

If you use the Mental Health Act, writes David Hewitt, it seems you can believe what you like

Cold comfort

'Residual liberty' and the idea that the extent of deprivation is a relative question sit uncomfortably with the Deprivation of Liberty Safeguards, says David Hewitt

Off the scale

The courts have regarded the difference between a restriction on and deprivation of liberty as a matter of degree, but the real question is whether liberty is an absolute concept. David Hewitt reviews the application of the new Deprivation of Liberty Safeguards

David Hewitt

Deprivation of liberty can never be 'normal'

Purpose alone can no longer determine if there is a deprivation of liberty

Beyond reasonable belief

Cold comfort

Off the scale

Stubborn residue

Aiming high

Lacking recognition?

David Hewitt

Articles