You are here

There is another way of thinking about liberty

Applying concepts inherited from ancient Rome could allow us to take a more modern approach to deprivation of liberty safeguards, says David Hewitt

22 October 2013

We need to think more deeply about liberty, and about deprivation of liberty in particular.

The Supreme Court is, in fact, doing that at this very moment, in the case of a man with severe physical and learning difficulties, who is intensively supervised by care staff, cannot leave his home unescorted and, because he ingests continence pads and their contents, is often subjected to an intrusive 'finger-sweep' of his mouth (P v Cheshire West and Chester Council and another, UKSC 2012/0068).

The court's decision in that case will be received with great interest, because, practitioners and commentators seem to agree, deprivation of liberty has become a confused and deeply confusing concept.

Where there is deprivation of liberty, of course, statutory protection - the Deprivation of Liberty Safeguards (DoLS) - will often apply. We ignore the DoLS at our peril.

Imagine Mr White, who lives in a registered care home:

1) ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.