Luke Clements is the Cerebra Professor of Law at Leeds University.
Category: Recent SWL
Archives
Arrangements to move a care home resident at short notice
An important ombudsman report has outlined key considerations to be taken when it becomes necessary to move a care home resident (in this case one with dementia). The resident (aged…
Revisions to the Continuing NHS Healthcare (adults) Framework
The Welsh Government has published for consultation changes it proposes to make to the Continuing NHS Healthcare Framework (for adults) and its accompanying Decision Support Tool. The consultation document and…
NHS Continuing Care (NHS CHC) for children and young people – Welsh Government Consultation
The Welsh Government has published a consultation paper on proposed revisions to the NHS CHC guidance for children and young people – which can be accessed by clicking here.[1] This…
The Welsh Government has made uprating changes to the social care charging rules – which have now taken effect. The head-line changes are increases to: the maximum non-residential care charge…
Welsh Independent Living Grant (WILG): Policy Reversal
Julie Morgan, Deputy Health and Social Services Minister, has announced a major change to the process of winding down the WILG. There will be (with immediate effect) a ‘pause of…
A case of Wales following in the footsteps of England? While attention is focused on the countdown to leaving the European Union, one should not lose sight of the impending…
Action on Disability: The Right to Independent Living
The Welsh Government has published a consultation paper setting out how it intends to fulfil its obligations under the UN Convention on the Rights of Persons with Disabilities: the paper…
A briefing note by Julie Burton Law concerning a successful legal challenge to a Local Health Board’s refusal to provide adequate replacement (respite) care for a disabled young adult. The…
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. …
The Welsh Government is to be congratulated in terms of putting their hands up and amending key guidance concerning continence supplies. In its recently released circular WG Guidance for the…
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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
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. …
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…
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.
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…
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…
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.
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…