Luke Clements

Luke Clements is the Cerebra Professor of Law at Cardiff University and is a solicitor with Scott-Moncrieff & Associates Ltd.

Resources

Briefings and key papers

Community Care papers

Putting the Cart before the Horse: Resource Allocation Systems and Community Care

A pre-publication copy of a paper by Lucy Series and Luke Clements concerning Resource Allocation Systems

Disability, Dignity and the Cri de Coeur (2011)

A critique of the Supreme Court judgment of R (McDonald) v Kensington & Chelsea (2011)

Social Care Law Developments: A Sideways Look at Personalisation and Tightening Eligibility Criteria (2011)

A critique of the practical impact of personalisation

Community Care assessments

Chapter 3 of Community Care & the Law (5th ed) by Luke Clements & Pauline Thompson (Legal Action Group 2011) [click on ‘Download sample chapter’]

Individual Budgets and irrational exuberance

A 2008 critique of the political theory underpinning personalisation

The Need for Law Reform

A 2007 briefing paper for the Office for Disability concerning Community Care law Reform

Disabled children papers

Transition to Adulthood

A 2013 guide for practitioners working with disabled young people and their families prepared for Cerebra by Camilla Parker, Jo Honigmann and Luke Clements

Disabled Children Education Guide

A 2012 guide to Disabled Children’s Education rights prepared for Cerebra by Jo Honigmann with Camilla Parker and Luke Clements

Disabled Children Parents’ Guide: Social Care, Housing and Health

A 2012 guide to the Social Care, Housing and Health Rights of Disabled Children and their families, prepared for Cerebra by Camilla Parker, Jo Honigmann and Luke Clements

Disabled Children and the Law

A 2010 Legal Handbook concerning Disabled Children – all 10 chapters (and the introduction can be downloaded

NHS Continuing Care papers & Multi-media

NHS Funding for continuing care in England the revised (2009) Guidance (2010)

A critique of the NHS Continuing Care guidance

NHS Continuing Healthcare Lecture

Luke Clements Cardiff Law School Social Care Lecture Series

Pam Coughlan Interview

Cardiff Law School Conference

Welsh NHS Continuing Healthcare Guidance

Response to the Consultation concerning revisions to the Framework (2014)

Carers Rights materials

Does your Carer take Sugar? Carers and Human Rights

Washington & Lee Journal of Civil Rights & Social Justice pre-publication copy; for the New South Wales Australian edition click here and for the publication in Spanish, click here

The Equality Act 2010 and Carers

A 2010 briefing paper on the new legislation

Individual Budgets and Carers (2009)

A 2010 briefing paper on the practical impact of personalisation on carers

Human Rights materials

The European Union, Structural Funds and Community Living

A 2012 article by Camilla Parker and Luke Clements concerning the use and misuse of European Union Structural funds (pre-publication copy).

The UN Convention on the Rights of Persons with Disabilities: a New Right to Independent Living?

2008 briefing paper on Article 19 UN Convention on the Rights of Persons with Disabilities

Ugly, deformed and grubby

A 2005 critique of the impact of the Human Rights Act on Gypsies and Travelling People

Precedent Letters

The Cerebra Precedent letters Social, health care and education matters

Web Link

The IPSEA  Education Precedent letters

Web Link

Irwin Mitchell solicitors Template Letters & Factsheets

Web Link

Cerebra Research Project

For copies of the opinions on the legal rights of disabled children and their families click – here

For details of to how to access the project click – here

 

Information

Finding a local lawyer

PDF file

The Duty To Consult

PDF file

Reductions in Services

PDF file

NHS Personal Health Budgets

PDF file

Council funding panels

PDF file

Useful links

Ten top tips on community care rights

Link to Challenging Behaviour Foundation (CBF)

Fighting the cuts interview

Link to video on Mencap website

PowerPoint Presentations

1. Community Care Law Overview: PowerPoint (England)

2. NHS Continuing Healthcare: PowerPoint (England)

3. NHS Continuing Healthcare: PowerPoint (Wales)

4. Care Act 2014 Overview

5. Social Services & Well-being (Wales) Act 2014 overview

6. Carers & their Legal Rights (England)