David Hewitt
Author, Btopenworld
Articles
Defining normality by comparing a disabled person 'with someone in a similar situation is a questionable approach, says David Hewitt 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 If you use the Mental Health Act, writes David Hewitt, it seems you can believe what you like '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 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 When considering residual liberty, why has the Court of Appeal seemingly ignored what it – and the House of Lords – once said, asks David Hewitt Those wanting to bring mental health claims must now not only prove that their case is arguable, but also that it has a real chance of success, says David Hewitt A recent case has been heralded as a victory for transsexuals, but it may in fact have compromised their rights, says David Hewitt 
