Luke Clements

Luke Clements is the Cerebra Professor of Law at Leeds University and is a solicitor.

Recent and selected publications

Recent Publications

Community Care and the Law

The authoritative and up-to-date review of adult social care law in England (2017 6th edition c1,000 pages).

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

The authoritative guide to the rights of disabled children and their families to social care, healthcare and education support.

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.

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).

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

Paper written by Lucy Series and Luke Clements published in the The Journal of Social Welfare and Family Law [2013] (2) 207-226.  For a pre-publication draft of this paper click here.

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  [2011] 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) [1997] 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.