Luke Clements

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

What’s New?

Post-16 students and free school / college travel assistance

A further ombudsman’s report concerning the duty to provide free travel assistance to school / colleges etc has just been published.[1] A March 2019 ombudsman’s report[2] concerning the same Council held that its post-16 transport policy was unlawful – not …

Read More

So what do you do?

You are a health / social care professional. You have read up on the lawfulness of funding panels – but you now find yourself required to attend a panel to agree funding on a large package for someone with a …

Read More

Direct Payments for Young People

A survey of 52 social services authorities found that rates of pay for Personal Assistants (PAs) were very low, typically at minimum wage rates. The report concludes that in many local authority areas there is a serious ‘market failure’ – …

Read More

‘Omg … will it never end’

It is not every day that an ombudsman’s report refers to an investigator’s note saying the above.  Not every day that the ombudsman: asks a council to reflect on its obligations under the European Convention on Human Rights and the …

Read More

Pre-payment cards and direct payments

Think Local Act Personal (TLAP) has published guidance concerning the use by local authorities of pre-payment cards for direct payments / personal budgets. TLAP describes itself as a ‘national partnership’ that includes the Department of Health and Social Care, the …

Read More

Previous Posts

Charges for community care

DWP and MoJ unlawful inaction

Disabled Facilities Grants (DFGs) and social care responsibilities

Extra care housing: ‘just in time’ systems are for cars not care

Post-19 education transport costs

NHS Continuing Healthcare (CHC) and transitions into adulthood

NHS CHC and supine council leaders

Staying in a care home when savings spent

Can you cope?

Elaine McDonald

Personal Budgets: the tail and the dog

The charging regulations and injustice

Is Britain Fairer? No.

Continuing Health Care Funding and End of Life Care

Families with severely disabled children should not have to live like this.

Improving Flexible Working Rights for Carers

Disabled Facilities Grants and young people in England

The Misuse by local authorities of their ‘protection’ powers

Pet care costs and social care charges

The accessibility of Disabled Facilities Grant application forms

Another fall in NHS Continuing Care (CHC) numbers

Difficult questions require a ‘plan’: ‘transitions’ as an example.

Autistic children and care assessments

Administering a cap on costs [2]

FACS and fiction

52% of Carers are Refused Flexible Working – the Law Needs to Change

Carers and their Rights: Guide

Means testing children’s healthcare ~ by stealth

Musical beds

Direct Payments Research

Social care reform: avoiding the obvious [1]

N v. Romania (2017)

The Torbay judgment: from the micro to the macro

The Barking Ordinary Residence decision

The Cheese Sketch

“That’s what your DLA is for”

School transport costs rising

Deconstructing the social care ‘meal’

A dismal judgment

Another good judgment

What’s the point of section 5?

A human catastrophe

National Audit Office Report on NHS Continuing Healthcare

School Transport and local authority information failings

R (JF) v Merton LBC ~ High Court Social Care Law Assessment judgment

Home adaptations for disabled children and young people

New Edition of the “Cerebra Accessing Public Services: Problem Solving Toolkit”

Keynote address to the BASW Cymru Conference ~ text

Social Services & Well-being (Wales) Act 2014 (updated briefing June 2017).

The Conservative Manifesto and social care

Social Care in Wales: A Guide for disabled children and their families

Community Care & the Law – 6th Edition

Care Act 2014 updated briefing (January 2017)

School Transport Guide

Late Spring 2016 Newsletter

Challenging reductions in care packages

New Disability Law Hub

Cerebra Problem Solving Toolkit 2016

New Edition ~ Disabled Children: Legal Handbook (2016)

Carers Movement – YouTube resource materials

Carers and Their Rights

Lecture Series: Assessment, Care Planning & NHS Continuing Care

Does your carer take sugar? Carers and Human Rights

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

The European Union Structural Funds and the Right to Community Living

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

Disabled Children Education Guide

The European Union and the Right to Community Living

R (McDonald) v Kensington and Chelsea (2011)

Social Care Portability Bill

Transitions in Mental Health Care

A Care Council Wales Guide to Child Care Law

The Equality Act 2010 and Carers

Carers Guide To The Law