Luke Clements is the Emeritus Professor of Law and Social Justice at Leeds University.
Category: what’s-new
Archives
Autistic children and care assessments
A ‘What’s New’ post contributed by Priya Bahri of the Disability Law Service. Autistic children and care assessments – the problem of local authority eligibility criteria’s. Background. The Disability Law…
The second in a series of ‘posts’ considering the options for the reform of social care funding, subtitled ‘avoiding the obvious’. The Government has announced that it will ‘publish a…
Why is Germany’s military expenditure considerably less than the UKs’, despite Germany being significantly wealthier, more populous and closer to Russia?[1] Why does Essex spend 40% more (per person) on…
52% of Carers are Refused Flexible Working – the Law Needs to Change
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…
A pre-publication draft of a fully updated (2018) guide to the rights of carers to social care support in England. Please let me know if you find typos, errors or…
In England and Wales social services provide significant amounts of healthcare to disabled and ill young people which should be funded by the NHS. Although unlawful it has been condoned…
The latest report of the Public Accounts Committee on NHS Continuing Healthcare (CHC) in England[1] is to be welcomed – introducing, as it does, a note of reality to the…
The School of Law at Leeds University and Cerebra via their LEaP Project are undertaking research on the adequacy of direct payments for disabled children. This has included Freedom of…
The first in a series of ‘posts’ considering the options for the reform of social care funding. The English Government has announced that it will publish a Green Paper on…
In N v. Romania[1] the European Court of Human Rights has given a more formal ‘nod’ in the direction of the right to independent living enshrined in Article 19 of…
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…
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)…
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…
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…
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…
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…
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…
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…
Section 5 Care Act 2014 places a duty on councils to promote an efficient and effective care market: such markets must promote user choice, have a variety of high quality…
It needs saying and it needs resaying: the maintenance of austerity politics to advance a neoliberal political agenda has ‘led to a human catastrophe’ for people with disabilities in the…
National Audit Office Report on NHS Continuing Healthcare
A NAO report on its Investigation into NHS continuing healthcare funding (CHC) makes interesting / depressing reading. The Press Release accompanying the Full Report notes that spending on CHC, NHS-funded nursing…
School Transport and local authority information failings
A research report by the Cerebra Legal Entitlements and Problem-Solving (LEaP) Project at the School of Law, Leeds University has found serious deficiencies with the accuracy and accessibility of their information on…
R (JF) v Merton LBC ~ High Court Social Care Law Assessment judgment
. R (JF) v The London Borough of Merton [2017] EWHC 1519 (Admin) concerned a young man (JF) with complex needs. The High Court held to be unlawful: (1) an…
Home adaptations for disabled children and young people
A research report by the Cerebra Legal Entitlements and Problem-Solving (LEaP) Project at the School of Law, Leeds University has found that the use of Disabled Facilities Grants and other…
Keynote address to the BASW Cymru Conference ~ text
In a Keynote address to the BASW Cymru Conference (7th June 2017) concerning the Social Services and Well-being (Wales) Act 2014 I express concern about the Welsh Government’s failure to…
A new edition of Community Care and the Law (6th edition) is in its proof stage and will be available at the end of February or early March. For details…
An excellent new guide concerning school transport assistance for disabled children in England has been published by Cerebra - click here for a link to the guide
Leeds University Law School launches a new Disability Law Hub with Professors Anna Lawson, Oliver Lewis and Luke Clements - click here for further details
New Edition ~ Disabled Children: Legal Handbook (2016)
A new edition of Disabled Children: a Legal Handbook (Broach, Clements & Read) has been published by the Legal Action Group. The full text of the Handbook can be downloaded…
For updated materials on the 'Carers' Movement' including its history, international perspectives and the emerging consensus on the human right to 'care' - click here
For a pre-publication copy of the new (6th edition) of the Guide incorporating the major changes introduced by the Care Act 2014 and the Children and Families Act 2014 -…
Does your carer take sugar? Carers and Human Rights
Washington and Lee Journal of Civil Rights and Social Justice pre-publication copy article 2013 click here; for the New South Wales Australian edition click here and for the publication in…
Disabled Children Parents’ Guide: Social Care, Housing and Health
A 2012 guide to the Social Care, Housing and Health Rights of Disabled Children and their families, prepared for Cerebra by Jo Honigmann with Camilla Parker and Luke Clements. To…
The European Union and the Right to Community Living
A report drafted by Camilla Parker and Luke Clements for the Open Society Foundations concerning the use and misuse of European Union Structural funds. To access a copy click here
Luke has been part of a team drafting the Social Care Portability Bill, which was introduced into Parliament by Baroness Campbell of Surbiton. For the text of the Bill click…
Child Law for Social Workers in Wales prepared by Dr Julie Doughty, Jason Tucker and Luke Clements for the Care Council Wales. You can download this document here. Published 4…