Community Care and the Law
Written by Luke Clements with expert contributions from Karen Ashton, Simon Garlick, Carolyn Goodall, Jean Gould, Edward Mitchell and Alison Pickup.
Coverage includes: The statutory scheme, the well-being duty and other cross cutting obligations • Assessments, care planning and care services • Ordinary residence • Charging • Direct payments • NHS Continuing Healthcare, hospital discharge and intermediate care • Mental capacity • Housing • Group specific care and support duties for: older people, people with learning disabilities, autism, mental health difficulties, substance misuse, sensory impairments and prisoners • People subject to immigration controls • The regulation of care • Safeguarding • Remedies.
Social care: from Poor Law to the present
The Legal Action Group, has provided on-line access to the introductory chapter of Community Care and the Law (6th edition 2017). The chapter reviews the development of social care law in the UK and can be accessed here
Disabled Children: A Legal Handbook
Written by Steve Broach, Luke Clements and Professor Janet Read (2016 c560 pages).
Coverage includes: understanding disabled children’s lives – legal fundamentals – children’s services – education – health – housing – decision-making – carers – equality and non-discrimination – transition to adulthood – remedies.
Cerebra Accessing Public Services Toolkit
This toolkit aims to support disabled people and carers, as well as their families and advisers, who are encountering difficulties with the statutory agencies in relation to the provision of health, social care and education support services. This toolkit aims to unpick these problems and to develop effective strategies for resolving them.
Written by Luke Clements and illustrated by Gillian Clements (2017 36 pages).
Disabled Children and the Cost Effectiveness of Home Adaptations & Disabled Facilities Grants
A small scale pilot study of the economic and well-being impacts of adaptations to family homes to accommodate the needs of young people with Autistic Spectrum Disorders who have behaviours that challenge.
Written by Luke Clements and Sorcha McCormack Disabled Children and the Cost Effectiveness of Home Adaptations & Disabled Facilities Grants: a Small Scale Pilot Study (School of Law Leeds 2017).
Local Authority Home to School On-line Transport Policies
A study of almost half of all English local authority websites concerning the accuracy and accessibility of their information concerning the right of disabled children to free (local authority funded) home to school transport has found serious failings in the information provided.
Written by Sorcha McCormack and Luke Clements Local Authority Home to School On-line Transport Policies: Accessibility and Accuracy (School of Law Leeds 2017).
Carers and their Rights
A guide to the rights of carers to social care support in England. The guide has been fully updated to reflect the new rights for carers as part of the Care Act 2014, the Children and Families Act 2014 and other relevant guidance and legislation.
Written by Luke Clements (2016 108 pages).
Does your carer take sugar?
Does your carer take sugar? Carers and human rights: the parallel struggles of disabled people and carers for equal treatment’
in The Washington and Lee Journal of Civil Rights and Social Justice (2013) v19 pp397 – 434. For a pre-publication draft of this paper in English click here and for one in Spanish click here.
Putting the Cart before the Horse: Resource Allocation Systems and Community Care
The European Union Structural Funds and the Right to Community Living
Paper written by Camilla Parker and Luke Clements in The Equal Rights Review, Vol. Nine (2012) pp95 – 116. For a copy of this paper click here.
The European Union and the Right to Community Living
Publication by Camilla Parker and Luke Clements (Open Society Foundations, (2012) ISBN: 978-1-936133-67-3;
For a copy of this publication click here.
Disability, Dignity and the Cri de Coeur
European Human Rights Law Review Special Disability Rights Issue, Sweet & Maxwell  E.H.R.L.R., Issue 6: pp675 – 685
For a pre-publication draft of this paper click here.
A sideways look at personalisation & tightening eligibility criteria
The Elder Law Journal (Jordans) v.1 pp 47-52. For a pre-publication copy of this paper click here.
Individual Budgets and irrational exuberance
In The Community Care Law Reports, 11, pp 413-430. For a pre-publication draft of this paper click here.
The UN Convention on the Rights of Persons with Disabilities: a New Right to Independent Living?
Paper written by Camilla Parker and Luke Clements in the European Human Rights Law Review Issue 4 2008 pp508 – 523.
Disabled People and the Right to Life
Edited book with Janet Read Routledge. (2008) 272pp.
The Need for Law Reform
A 2007 briefing paper for the Office for Disability concerning Community Care law Reform – for a copy click here.
Winners and Losers: Social Exclusion and the impact of the Human Rights Act
Paper appearing in Human Rights Act: A Success Story? L Clements & P Thomas (eds) Journal of Law and Society, Spring 2005 pp 34 – 51.
Ugly, deformed and grubby: the Common Law and human rights.
Chapter in J Gunning and S Holm (eds) Ethics, Law and Society (Ashgate 2005). For a pre-publication draft of this chapter click here.
The Dog that didn’t bark
Chapter written with Janet Read in Lawson L & Gooding C (eds) Disability Rights in Europe: From Theory to Practice Hart Publishing.
Demonstrably Awful: The Right to Life and the Selective Non-Treatment of Disabled Babies and Young Children
Paper written by Janet Read and Luke Clements in the Journal of Law and Society, v31, No. 4, December 2004, pp. 482-509. For a pre-publication draft of this chapter click here.
Disabled People and European Human Rights
Book written by Luke Clements and Janet Read (Policy Press 2003)
At What Cost? The economics of Gypsy and Traveller encampments
Book written by Rachel Morris and Luke Clements (Policy Press 2002).
Gaining Ground: Law Reform for Gypsies and Travellers
Book written by Rachel Morris and Luke Clements (eds), (University of Hertfordshire Press 1999).
The Human Rights Act – a New Equity or a New Opiate?
The Human Rights Act – a New Equity or a New Opiate: Reinventing Justice of Repackaging State Control?’ in The Journal of Law and Society April 1999; Vol. 26 No.1 p72 – 85.
Community Care: Towards a Workable Statute
In Liverpool Law Review Vol. XIX(2)  p181-191.
Signposts through the maze (A Guide to Carers and the Law)
Book written by Luke Clements and Glenys Ruan (Carers National Association 1997)
Fraudulent Mediums Act
Article written by Luke Clements and Rachel Morris] in New Law Journal Vol.146; No.6766; November 1 1996: p1574-6.
European Human Rights: Taking a case under the Convention
(Sweet & Maxwell 1994).
Full publication list
Full Publication list
For a full publication list 1992 – present – click here.