Luke Clements is the Cerebra Professor of Law at Leeds University.
Major changes to the law concerning the protection of looked after children (among other things) have been brought into effect via the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. Article…
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What do you do if a local authority or NHS body decides to stop processing all complaints – even complaints which relate to matters of life and death or another…
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The Welsh Government has issued guidance concerning the role of children’s social services during the emergency. It’s primary focus is on child protection and ‘looked after children’. Welcome is its…
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Some welcome guidance from the Department of Health and Social Care concerning local authority and NHS decisions about permissible use of Direct Payment and Personal Health Budgets during the emergency.…
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More Chinese whispers and some guidance concerning disabled children and their families. Chinese whispers first. In a recent post I referred to emails from Clinical Commissioning Groups (CCGs) saying that…
Read moreThe UK Parliamentary Women and Equalities Committee is seeking evidence about the different and disproportionate impacts that are resulting from Coronavirus emergency. For details – click here.
Read moreOn the 15 April the English Government published its COVID-19: Our Action Plan for Adult Social Care. To access this document click here.
Read moreFor a British Medical Journal Editorial on 'Covid-19: why we need a national health and socialcare service' click here.
Read moreThe Challenging Behaviour Foundation has published an excellent and extensive list of Legal Questions & Answers concerning disabled people’s rights during the Coronavirus emergency. Click here to access these.
Read moreTwo recent cases concerning altered visiting arrangements due to the Covid-19 outbreak and disabled people – see BP v Surrey County Council & RP and a (settled) case involving Hertfordshire…
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It seems that people who have outstanding NHS complaints are getting letters from Clinical Commissioning Groups (CCGs) stating – for example: Due to the ongoing COVID19 pandemic NHS England and…
Read moreFor a ‘Position Statement’ from the Disability Law Service condemning the Act’s curtailment of social care support rights click here.
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A Position Statement from the Disability Law Service & Professor Luke Clements. Disabled children, disabled adults & carers need special protection in a time of crisis. The last decade of…
Read moreAlthough the English Government indicated that major reductions to social care rights in would not be triggered until there was an imminent risk of councils failing to fulfil their duties…
Read moreThe Coronavirus Act 2020 enables the Government to radically downgrade Care Act 2014 rights for disabled people and carers - the people who are most at risk in this emergency. …
Read moreThe measures in the Coronavirus Act 2020 permitting the downgrading of social care rights have been implemented in Wales – even though it appeared they were only intended to apply…
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The Impact Assessment for the Coronavirus Bill published on the 19 March by the Department of Health and Social Care gives the English Government’s reasons for enacting the social care…
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Updated 15 April 2020 This briefing considers: 1. The main provisions of the Act – this section briefly describes these as they apply to social care in England and Wales;…
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Updated 1 July 2020. This briefing considers: 1. The main provisions of the Act – this section briefly describes these as they apply to social care in England and Wales…
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My good colleague Steve Brett has drawn to my attention the Impact Assessment for the Coronavirus Bill produced by the Department of Health and Social Care. It is an important…
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When trying to make sense of the Coronavirus Bill – we should keep in mind the dissenting opinion of Lord Atkin in Liversidge v Anderson [1942] AC 206. It was…
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The text of the Coronavirus Bill has been published. It is the most draconian legislation enacted since the Second World War and suspends a whole raft of legislative duties –…
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The Government has published the Coronavirus Bill. It is the most draconian legislation enacted since the Second World War and suspends a whole raft of legislative duties – not…
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During the current emergency we must not allow disabled young people and their carers to be pushed to the back of the health and social care queue. A campaign has…
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“Mrs X is a disabled pensioner who lives alone in rented accommodation. She was born with cerebral palsy, has no sight in one eye and has had two strokes. She…
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All too often disabled people and families are told that a local authority can’t meet a particular support need because (for example) it can’t find anyone (or any organisation) willing…
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The Deputy Minister’s update statement on the Welsh Independent Living Grant[1] (WILG) is particularly welcome because it acknowledges the risk to the independence,choice and control of disabled people in Wales…
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Social care reform “My ministers will seek cross-party consensus on proposals for long term reform of social care. They will ensure that the social care system provides everyone with the…
Read moreThe third edition is now available from the Legal Action Group – for details (including ordering it) click here.
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NHS England has issued new guidance to coincide with the extension[1] of the right to a Personal Health Budget (PHB) to cover people eligible for section 117 Mental Health Act…
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The latest NHS CHC statistics for England show a small increase in overall numbers of people eligible for funding – up from 55,872 at the end of June to 57,016…
Read moreThe Health, Social Care and Sport Committee of the National Assembly for Wales has published a report on its ‘inquiry into the impact of the Social Services and Well-being (Wales)…
Read moreFor a talk by Lady Hale, President of the UK Supreme Court click here.
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Complaints procedures for disabled children and their families The Cerebra Legal Entitlements and Problem-Solving (LEaP) Research Project at Leeds University has published a report concerning serious (and systemic) failings in…
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Two quotes: one published a year ago and the other 175 years ago. 14 million people, a fifth of the population, live in poverty. Four million of these are more…
Read moreFor an interesting paper by the Centre for Health and the Public Interest (CHPI) click here.
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R (CP) v. NE Lincolnshire Council[1] is an important Court of Appeal decision. On one level the judgment demonstrates the complexity of the care / education arrangements for young…
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Perceptions of a terminally ill woman who was denied an integrated assessment and services . The Public Services Ombudsman for Wales (PSOW) has published a troubling report[1] concerning a systems…
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An excellent report[1] from the ombudsman concerning the legal obligations on a council to provide transport for a disabled child below statutory school age. The report provides a helpful statement…
Read moreFor details of an Action for Carers Surrey Conference on Carers Rights click here.
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The House of Commons Education Committee published its report on 'Special educational needs and disabilities' on 23rd October 2019. It doesn’t pull its punches and we must all hope that…
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Carers Wales has published its annual ‘Track the Act’ report (for the year to April 2019) based on a survey of 562 carers (from every part of Wales) plus Freedom…
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The Nuffield Family Justice Observatory (FJO) has published its report on new born babies and infants in the family justice system in Wales. This report presents a picture of an…
Read moreFor details of the annual Leeds Law School Cerebra 'Legal Entitlements and Problem Solving' Cenference click here.
Read moreThe Transparency Project has an excellent explanation of the impact of the Supreme Court decision in – Re D [2019] UKSC 42 written by Dr Julie Doughty. Click here for…
Read moreAn excellent paper written by Francesca Pozzoli ‘Health Budgets: A critical analysis of the NHS vision’ in the current edition of Research, Policy and Planning (2019) 33(2),69-84 includes the memorable…
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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…
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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…
Read moreDr. Julie Doughty is the Deputy Director of Cardiff Law School’s Centre for Health and Social Care Research. Julie has developed the Children’s Social Care Law in Wales website and…
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