Luke Clements is the Cerebra Professor of Law at Leeds University.
Senedd Research has published an interesting analysis of the problems that social care under-funding are causing the NHS.[1] The analysis starts with the Senedd’s Health and Social Care Committee’s finding[2]…
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The Kirkup Report[1] – published earlier this week – identified the scandalous treatment of mothers in maternity and neonatal services in East Kent. It uses the words ‘blame’ / ‘blaming’…
Read moreFor a scholarly review by the Nuffield Trust that assesses ‘How far have we come in improving support for unpaid carers in England?’ click here.
Read moreFor a Carers Wales Policy Briefing on the cost-of-living crisis for unpaid carers in Wales click here.
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A parent refused to sign a council’s safety plan (relating to support for her disabled son) because it implied that she had on one occasion refused to allow workers…
Read moreFor a brief article reviewing the last 30 years of social care law - click here.
Read moreFor details of a Cerebra / Leeds University School of Law Conference (on-line and in person) click here.
Read moreSenedd Cymru Public Accounts and Public Administration Committee has published a report on Care Home Commissioning which can be accessed by clicking here.
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What can be done when a disabled person’s or a carer’s assessed social care needs are not being met – either because no care and support is available or because…
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In ‘Clustered Injustice’ I refer to one of the key insights gained from working on the Cerebra research programme with disabled children and their families. It may be obvious to…
Read more5th October 2022 in London entitled ‘Barriers to Breakthroughs’: for details click here.
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The disabled children’s charity Cerebra is concerned about reports from families with disabled children which suggest that a significant number have been accused by practitioners of creating or exaggerating their…
Read moreThe UK Covid-19 Inquiry is launched with the publication of its Terms of Reference – for details, click here.
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The Department of Health and Social Care has published a revised NHS Continuing Healthcare Framework – a copy of which can be accessed by clicking here. A handout of a…
Read moreFor a Scottish Employment Tribunal judgment that found a claimant who suffered from long-COVID to be a disabled person in terms of the Equality Act 2010 click here.
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Allegations by professionals that families are guilty of FII (Fabricated or Induced Illness) appear to be proliferating as do training programmes that seek to alert social care and health professionals…
Read moreFollowing the High Court judgment finding concerning the unlawful discharge to care homes of hospital patients with asymptomatic Covid, a report by the ONS notes that all disabled people were at greater risk…
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Councils do not have to charge for care and support services under the Care Act 2014, but if they do the Statutory Guidance states (para 8.2) that in determining…
Read moreFor a copy of the submission by Ann James and Luke Clements to the Senedd Petitions Committee concerning Petition P-05-1106 – click here.
Read moreFor important High Court guidance on this issue click here: see paras 105 – 108.
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An earlier posting referred to Baroness Pitkeathley’s amendment to the Health and Care Bill which – although opposed by the Government – was passed in the House of Lords by…
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The current edition of ‘Senedd Research’ highlights two important social welfare issues – namely the serious problems with the Welsh NHS and the social care workforce crisis. In relation…
Read moreFor details of an update research webinar on 27 April 2022 click here
Read moreWelsh Council found to be in contempt of court for its failure to address the needs of a young disabled man – click here for further details.
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A parent complained that a local authority commissioned ‘Early Help’ service (for ‘short break’ sessions) was unsuitable for her son. She complained that the Council had offered no alternative and…
Read moreFor an honest / depressing report on the pressures experienced by carers click here.
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The Welsh Government has finally published its revised Continuing NHS Healthcare Framework Guidance for Adults - giving just over a month for its implementation. Although it published a draft of…
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The Health and Care Bill currently going through Parliament repeals the Community Care (Delayed Discharges etc.) Act 2003 and with it, the duty on NHS trusts to ensure that…
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A further report by Richard Travers, the Senior Coroner for Surrey has been published concerning the death of Oskar Miles Nash. The report focuses on action that is necessary to…
Read moreFor a review by Dr Julie Doughty of this unusual Wales family law case which involved the use of powers under the Social Services and Well-being (Wales) Act 2014 click…
Read moreA short talk summarising the 2021 Cerebra / Leeds University research can be accessed by clicking here.
Read moreThe Department of Health has decided to do nothing pending the outcome of the s117 Ordinary Residence Supreme Court ping-pong finals. For its announcement, click here (and for the posting…
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R (RG) v Suffolk County Council[1]. On one level this case concerns the extent to which a council’s ability to promote an individual’s well-being (under section 1 Care Act 2014)…
Read morethe Payment Systems Regulator has fined 5 companies for cartel behaviour in the prepaid cards market - click here for the story.
Read moreFor a valuable new resource from the LSHTM concerning poverty and disability in low- and middle-income countries click here.
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The guest post you are about to read from a good colleague considers one of the greatest issues confronting the care system in the UK – namely the need for…
Read moreCouncils allocating £60m pa defending SEN appeals with a success rate of 3.6%. For an excellent / depressing post in Special Needs Jungle click here.
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In a nutshell – and congratulations if you understand this: The Court of Appeal has reversed a High Court decision that reversed a decision of the Department of Health and…
Read moreA briefing by Carers Wales on the annual 'State of Caring report' and can be accessed by clicking here.
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Seven years after he was adopted (as an infant) a child was diagnosed as having an alcohol-related neurodevelopmental disorder, autism and ADHD. His adoptive mother made multiple requests to the…
Read moreADSS Cymru has published the findings of its assessment of the impact of the pandemic on short breaks, respite services and day services – which can be accessed by clicking…
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On the 8th December 2021 Cerebra hosted a webinar that provided an overview of the 2021 Cerebra Legal Entitlements and Problem-Solving (LEaP) research report. The report describes how local authority…
Read moreA BBC news story cites a Care Inspectorate Wales report that has found that almost two-thirds of people who care for disabled children have not been offered an assessment of…
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Earlier this year, the Cerebra Legal Entitlements and Problem-solving (LEaP) Project at the University of Leeds published a major report concerning English social care policies and practices that had the…
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Parent Carer Blame: bringing about meaningful change. A 90 minute, free webinar that provides: (1) an overview of 2021 Research report that describes how local authority policies create a culture…
Read moreFor a troubling ‘Parent Carer Blame’ article in the Birmingham Mail click here.
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A very welcome judgment of the High Court concerning a ‘high octane conflict’ between the parents of a profoundly disabled 12 year old boy and the professionals involved in his…
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In 2020 the Cerebra Legal Entitlements and Problem-solving (LEaP) programme together with the Disability Law Service published research ( generally referred to as the 'Autism Plus Report') which highlighted the…
Read moreJohn Harrington, Erin Thomas and Barbara Hughes-Moore of the Cardiff School of Law & Politics have written two papers on this topic, one for the UK Constitutional Law Association click…
Read more“The current legislative framework [in Wales] constructs social care as a ‘last resort’. Rather than maintaining this view of social care as an unwelcome necessity for some, reform should be…
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