Luke Clements

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

What’s New?

Post-19 education transport costs

In a recent and important report,[1] the ombudsman has held that the transport needs of an adult in education are relevant considerations when assessing his (and his carer’s) social care needs. Citing the Statutory Guidance to the Care Act 2014 …

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NHS Continuing Healthcare (CHC) and transitions into adulthood

Young people who are receiving NHS Continuing Care (and their families) are inevitably anxious to know what their care and support arrangements will be once they become 18.  Not infrequently there will be concern about losing a suitable placement because …

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NHS CHC and supine council leaders

The number of people eligible for NHS Continuing Healthcare funding (CHC) in England has fallen – again. The most recent figures[1] have just been published and show that in the last quarter there were 54,754 people assessed as eligible for …

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Staying in a care home when savings spent

What can be done when a resident, who has self funded their care home runs out of money: having spent their savings on paying for their care home? Although councils have a duty to undertake assessments of all ‘adults in …

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Can you cope?

It’s a simple question – yes or no? If you are a parent of a disabled child – it is a question, when asked by a social worker, that you may dread.  If you say ‘yes’ you are at significant …

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Elaine McDonald

It is reported that Elaine McDonald has died.  She was by all accounts an extraordinary person and I hope she is remembered for this and her brilliance as a ballerina.  I did not know her personally, but sadly her name …

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Personal Budgets: the tail and the dog

The law is clear: a disabled or older person’s eligible needs must be met, either by the council arranging the services or by providing a direct payment sufficient to enable these needs to be purchased. Although councils are required to …

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The charging regulations and injustice

A guest ‘post’ by Brian Collinge, a former local authority Chief Executive and father of a son who has severe learning disabilities.  Brian identifies a major injustice experienced by disabled people caused by the English Government’s failure to update the …

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