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A gilded cage is still a cage: Cheshire West widens 'deprivation of liberty'
Catherine Penny1, Tim Exworthy1
1Catherine Penny, MBBS, MA (Oxf), LLM, MRCPsych, West London Mental Health Trust and Department of Forensic & Neurodevelopmental Science, King's College London, Institute of Psychiatry, Psychology & Neuroscience, London; Tim Exworthy, MBBS, LLM, FRCPsych DFP, St Andrew's Hospital, Northampton and Department of Forensic & Neurodevelopmental Science, King's College London, Institute of Psychiatry, Psychology & Neuroscience, London, UK.
Abstract:
The Supreme Court's recent judgment in Cheshire West has clarified, and broadened, the legal definition of deprivation of liberty, with the new definition reflecting the fact that human rights apply to everyone in the same way. The widely criticised Deprivation of Liberty Safeguards need to be replaced: recommendations for reform are set out.
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