Luke Clements

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

News: recent SWL in Wales developments

Well-being means more than merely ‘coping’

A recent important report by the Public Services Ombudsman for Wales[1] concerned a complaint made by the mother of young man with an Autistic Spectrum Disorder (ASD), mental health problems and Gender Identity Disorder.  Following a period of crisis he …

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Closure of the Welsh Independent Living Grant: In the cause of equality of provision for disabled people?

Local authorities in Wales are rushing to meet the new September deadline, set by the Minister for Health, for the re-assessment of the 1,300 or more recipients of the Welsh Independent Living Grant (WILG).[2]  In November 2016 the Welsh Government …

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Case note

Judicial Review proceedings (withdrawn as settled before final hearing) relating to the failure to assess and then meet the needs of a young person with additional needs and to take full account of her parent carers’ willingness and ability to …

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Difficulties in getting parent carers needs assessments

Parent carers are reporting difficulties getting assessments of their own need for support as well as getting an assessment of the child’s needs.  Reasons given by councils for refusing to assess include: that their child has not got a diagnosis; …

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NHS Continuing Care Young People in Wales

A previous Rhydian posting flagged up profound deficiencies in the Welsh Government’s NHS Continuing Care (CHC) guidance for children and young people.  This posting has now been developed into a paper that appears in The Rhydian: on-line Journal of Social …

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Disabled Facilities Grants and Young People in Wales

The enactment of the Social Services and Well-being (Wales) Act 2014 has raised challenging questions about the procedure by which Welsh local authorities process ‘disabled facilities grants’ (DFGs).  A paper in The Rhydian: on-line Journal of Social Welfare Law in …

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Opinion Piece

The Social Services and Well-being (Wales) Act 2014 came into force two years ago.  To mark the anniversary Keith Bowen has written an Opinion Piece for The Rhydian: On-line Journal of Social Welfare Law in Wales (volume 2, 2018).  To …

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52% of carers refused flexible working

A ‘What’s New’ post contributed by David Laurence of the Disability Law Service. Disabled people are entitled to have reasonable adjustments made in their workplace conditions in order to ensure that they are able to work and can do so …

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Child protection criticism and concerns in Wales

For a case review on a key child protection judgment (in which it was stated ‘All is not well with child protection in North Wales’) and a link to a commentary concerning the rise in numbers of children in care …

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Parliamentary Review of Health and Social Care in Wales

The final report of the Parliamentary Review of Health and Social Care in Wales has been published. Click here for further details.

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NHS continuing care funding for children & young people in Wales.

In Wales (as in England) social services provide significant amounts of healthcare to disabled and ill young people, which legally should be funded by the NHS.  Although (in my opinion) unlawful it has been condoned by the Welsh Government.  Click here …

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Inadvertent revocation ~ Cafcass Cymru’s powers

The power of Cafcass Cymru to make applications to the court in response to a referral from a local authority independent reviewing officer in child protection cases was mistaken revoked in Wales: it will be (on the 12 February) reinstated …

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Additional Learning Needs Act gains Royal Assent

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 gained Royal Assent on the 24 January 2018.  The Act will, when it comes into force, reform Special Education Needs Law in Wales.  For a brief overview of the implementation timetable click here.  .

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Adoption Guide

Sarah Coldrick, legal consultant with AFA Cymru and Julie Doughty of Cardiff Law School have produced an  accessible guide to the legal framework governing  the Adoption process.  It is aimed primarily at prospective adopters but will also be a useful resource for all who …

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National Population Assessment Report (2018)

The Welsh Government has published its first National Population Assessment. The report was commissioned by Government and delivered by Social Care Wales. Click here for a briefing on the report.

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National outcomes framework results

The Welsh Government has published the results of its report on the state of ‘well-being’ in Wales: Measuring national well-being: A report on the national outcomes framework for people who need care and support, and carers who need support, 2016–17. Click here for …

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State of Caring 2017 (Wales)

Carers UK carries out an annual survey of carers to understand the state of caring and uses the findings to inform the Governments of the four nations on the experiences of carers – click here for a briefing on the 2017 report.

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Autism (Wales) Bill

The Consultation on proposal for an Autism Act in Wales has now closed.  Click here for the response submitted by Julie Burton Law, a firm of solicitors based in North Wales.

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Austerity is no excuse for a service led response to need[1]

The Public Services Ombudsman for Wales (PSO) upheld a complaint concerning Gwynedd Council.  Although the case predates the Social Services and Well-being (Wales) Act 2014 the findings are wholly relevant to practice under the Act at both strategic and operational level.  …

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The legal and administrative processes in adoption

Julie Doughty and her colleagues Sarah Meakings and Katherine Shelton at Cardiff University have published a new paper ‘The legal and administrative processes in adoption: views and experiences of newly formed adoptive families’. The paper reports on findings from the Wales …

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A new care homes’ fees case

For an analysis of the Court of Appeal Torbay judgment (including its implications in Wales) click here.

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Track the Act

Carers Wales have published their second  Track the Act briefing. For the English language version click here and for the Welsh language version click here This is a welcome publication as it relates to the experiences of Carers in Wales in the first year following implementation …

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Deprivation of Liberty Safeguards in Wales

A briefing by Roger Laidlaw has been added to the Rhydian: ‘Court of Protection in Wales‘ pages.

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Adoption on Sibling Relationships

A new paper concerning The Influence of Adoption on Sibling Relationships by Sarah Meakings Amanda Coffey Katherine H Shelton has been published in the British Journal of Social Work: to access and to download click here. The study was funded by Health and Care Research …

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Re A (A Child) [2016] EWFC B101 (25 August 2016)

This case has been brought to our attention by the Transparency Project whose primary aim is to make Family Law clearer. In the judgment His Honour Judge Gareth Jones rejects a local authority care plan for a child the subject of care …

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R (Luke Davey) v. Oxfordshire CC Court of Appeal 2017

People in Wales in receipt of the Independent Living Grant, the Welsh Government’s interim measure to soften the blow of the closure the Independent Living Fund (ILF) would have followed R (Luke Davey) v Oxfordshire CC and the subsequent appeal with interest in the hope …

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Humanising Services & Building Communities (i.e.co-production –how the hell do you do it)

Jenny O’Hara Jakeway CEO of Credu-Connecting Carers In this thought provoking and challenging paper, Jenny O’Hara Jakeway examines the opportunities afforded by the Social Services and Wellbeing (Wales) Act 2014 and the Future Generations Act 2015 to co-produce healthy, resilient and …

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Adult Social Care Social Enterprises and the Foundational Economy in Wales

Professor Ian Rees Jones Director of  WISERD While population ageing, generational conflict and the crisis in social care appear to make regular newspaper headlines, it is striking that clear solutions to the financial and social consequences of care needs in later life …

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Parliamentary Review of Health and Social Care In Wales – Interim Report

An interim report has been published by the Independent Review of Health and Social Care in Wales, which was set up by the Cabinet Secretary for Health, Well-being and Sport in November 2016. The Review Panel has been asked to …

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Citizens Advice Cymru report on accessing and paying for social care in Wales

A 2017 report by the CAB has found that there is a general lack of awareness of how the social care system works in Wales and that people don’t know how to access care, felt confused about the process and …

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The Autism (Wales) Bill

Paul Davies AM proposes to introduce a Private Members’ Bill – The Autism (Wales) Bill – having won the Assembly ballot for such Bills. The intention is that the legislation will ensure (among other things) that in every locality: there is a clear …

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