Luke Clements

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


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 2013 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 Rights

A 2015 guide to the Social Care Rights of Disabled Children and their families, first prepared for Cerebra by Camilla Parker, Jo Honigmann and Luke Clements

Disabled Children and the Law

A 2016 Legal Handbook concerning Disabled Children – all 11 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

Carers Rights – historical and international  perspectives.

For a series of YouTube clips on carer related themes  – click here

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 Guides for Parents


Finding a local lawyer

PDF file

Problem Solving Toolkit


The Duty To Consult

PDF file

Reductions in Services

PDF file

NHS Personal Health Budgets

PDF file

Council funding panels

PDF file

Transport to social care services

PDF file

Useful links

Ten top tips on community care rights

Link to Challenging Behaviour Foundation (CBF)

ILF cuts and People with High Support needs

Briefing prepared by Kate Whittaker solicitor for Disability Sheffield

Fighting the cuts interview

Link to video on Mencap website

PowerPoint Presentations

1. NHS Continuing Healthcare: PowerPoint (England)

2. NHS Continuing Healthcare: PowerPoint (Wales)

3. Care Act 2014 Overview

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

5. Carers & their Legal Rights (England)

6. Mental capacity & decision making

7. Disabled Children and Transitions (England)

8.  Social Services & Well-being (Wales) Act 2014 – Eligibility Criteria

9. Ordinary residence and social care 


Cerebra Research Project

The School of Law, Leeds University has developed a Legal Entitlements and Problem-Solving (LEaP) Project with the National Charity Cerebra. The programme helps disabled children and their families who are encountering difficulties in accessing their statutory entitlements to health and social care support. 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