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Deprivation of Liberty in Mental Capacity Law and Practice: A socio-legal study of the new Liberty Protection Safeguards

  • Full or part time
  • Application Deadline
    Applications accepted all year round
  • Awaiting Funding Decision/Possible External Funding
    Awaiting Funding Decision/Possible External Funding

Project Description

The Mental Capacity (Amendment) Act 2019 introduced a new legal framework for protecting people with mental capacity impairments from being unlawfully deprived of their liberty through care and treatment arrangements. The Liberty Protection Safeguards are expected to come into force in 2020, to replace the current Deprivation of Liberty Safeguards under the Mental Capacity Act 2005. As this new system comes into force, there will be significant changes in how disabled people’s freedom is protected in law and society. The implementation of this new framework provides an ideal opportunity to evaluate how well disabled people’s rights to liberty and security of the person (as protected by Article 5 ECHR, and Article 14 UN CRPD) are protected by this new law.

Applications and enquiries are invited from candidates who wish to develop a doctoral research project exploring how the new Liberty Protection Safeguards work in practice. Projects using feminist and critical theoretical frameworks and empirical, socio-legal methodological approaches would be particularly welcomed. Proposals relating to legal contexts anywhere in the world are welcome, as are comparative approaches to mental capacity law. For more information on Professor Harding’s research, see her university profile at: https://www.birmingham.ac.uk/staff/profiles/law/harding-rosie.aspx

To find out more about studying for a PhD at the University of Birmingham, including full details of the research undertaken in each school, the funding opportunities for each subject, and guidance on making your application, you can now order your copy of the new Doctoral Research Prospectus, at: http://www.birmingham.ac.uk/students/drp.aspx

University Graduate School

All postgraduate researchers are automatically members of the University Graduate School. This means that you have access to free skills training, events, support and a vibrant postgraduate researcher community. Visit http://www.birmingham.ac.uk/graduateschool

Funding Notes

Birmingham Law School can support excellent candidates to apply for research funding from the ESRC Midlands Graduate School Doctoral Training Partnership Socio-Legal Pathway View Website or the AHRC Midlands 4 Cities Doctoral Training Partnership View Website
Further funding opportunities include scholarships from the College of Arts and Law. Full details of Postgraduate funding at the University of Birmingham can be found at View Website

Related Subjects

How good is research at University of Birmingham in Law?

FTE Category A staff submitted: 31.79

Research output data provided by the Research Excellence Framework (REF)

Click here to see the results for all UK universities

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