Luke Clements

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

What’s New?

The Torbay judgment: from the micro to the macro

Torbay Council v. Torbay Quality Care Forum Ltd  [2017] EWCA Civ 1605. On one level this judgment can be seen as private sector residential care owners trying to boost their profits by forcing a poor local authority to pay higher …

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The Barking Ordinary Residence decision

  R (Barking and Dagenham LBC) v. Secretary of State for Health (2017)[1] is an esoteric but important Ordinary Residence decision. The case concerned a 24 years old person (HR) with autism and a moderate learning disability who grew up …

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The Cheese Sketch

The Monty Python Cheese sketch and social care have a lot in common.  In the sketch John Cleese enters a cheese shop and asks for various cheeses.  The proprietor (Michael Palin) comes up with a series of different excuses for …

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“That’s what your DLA is for”

A positive ombudsman report.[1] A council undertook a reassessment. Although the adult’s needs had not changed it decided to withdraw support for meal preparation and domestic tasks stating that (para 22): DLA benefit would now need to be utilised to …

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School transport costs rising

For the last umpteen years local authorities have been closing smaller schools[1] on the ground that they are not cost effective – and now the Vice President of the Association of Directors of Children’s Services complains about the school transport …

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Deconstructing the social care ‘meal’

Between 2010 and 2014 there was a 63 per cent fall in the number of people receiving ‘meals on wheels’ in England[1] and between 2011 and 2015 the number of hospital beds taken up by people with malnutrition rose by …

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A dismal judgment

R (Luke Davey) v. Oxfordshire CC  is the type of decision that I’d prefer not to write about.   Part of the reluctance comes – of course – from the incredibly depressing nature of the decision. The main reason however is, unfortunately, …

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Another good judgment

Following the excellent UNISON judgment (justice is not a commodity to be traded) comes another: an Upper Tribunal decision R (CJ) v Secretary of State for Work and Pensions concerning the right to challenge social security entitlement decisions.  The ‘intended …

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