Austerity and Mortality
A BMJ report estimates that over 45,000 people died between 2010 and 2014 as a consequence of the funding cuts to the NHS and adult social services. For the report,…
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The Torbay judgment: from the micro to the macro
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…
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The Barking Ordinary Residence decision
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)…
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The Cheese Sketch
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…
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“That’s what your DLA is for”
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…
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School transport costs rising
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…
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Deconstructing the social care ‘meal’
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…
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A dismal judgment
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…
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Another good judgment
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…
Read moreLLM Law & Social Justice at Leeds
With modules in 'Social Care Law', 'Human Rights & Disabled People', 'Theories of Social Justice' and many more - click here.
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What’s the point of section 5?
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…
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A human catastrophe
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…
Read moreNational 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…
Read moreSchool 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…
Read moreR (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…
Read moreHome 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…
Read moreNew Edition of the “Cerebra Accessing Public Services: Problem Solving Toolkit”
An updated version of the Toolkit has now been published. To download click here
Read moreKeynote 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…
Read moreSocial Services & Well-being (Wales) Act 2014 (updated briefing June 2017).
For an updated briefing on the Social Services and Well-being (Wales) Act 2014 - click here.
Read moreThe Conservative Manifesto and social care
For a review of the (now abandoned) Conservative Manifesto proposals click here
Read moreSocial Care in Wales: A Guide for disabled children and their families
A new Cerebra Guide to Social Care Law in Wales: A Guide for disabled children and their families. For a link to the guide click here.
Read moreCommunity Care & the Law – 6th Edition
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…
Read moreCare Act 2014 updated briefing (January 2017)
This briefing provides an updated overview of the Care Act 2014. Click here for the briefing.
Read moreSchool Transport Guide
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
Read moreChallenging reductions in care packages
For a brief note advising how to challenge reductions in care and support packages - click here
Read moreNew Disability Law Hub
Leeds University Law School launches a new Disability Law Hub with Professors Anna Lawson, Oliver Lewis and Luke Clements - click here for further details
Read moreCerebra Problem Solving Toolkit 2016
A Guide advising on approaches to solving commonly occurring problems encountered with the health bodies and local authorities.
Read moreNew 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…
Read moreCarers Movement – YouTube resource materials
For updated materials on the 'Carers' Movement' including its history, international perspectives and the emerging consensus on the human right to 'care' - click here
Read moreCarers and Their Rights
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 -…
Read moreLecture Series: Assessment, Care Planning & NHS Continuing Care
Part of the Cardiff Law School Social Care Lecture Series - click here
Read moreDoes 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…
Read morePutting the Cart before the Horse: Resource Allocation Systems and Community Care
A pre-publication copy of a paper by Lucy Series and Luke Clements to access a copy click here
Read moreThe European Union Structural Funds and the Right to Community Living
A paper by Camilla Parker and Luke Clements to access a copy click here
Read moreDisabled 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…
Read moreDisabled Children Education Guide
A guide, prepared for Cerebra and drafted by Jo Honigmann with Camilla Parker and Luke Clements. To access a copy, here
Read moreThe 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
Read moreR (McDonald) v Kensington and Chelsea (2011)
A pre-publication copy of a critique of the R (McDonald) v Kensington and Chelsea (2011) judgment can be downloaded here
Read moreSocial Care Portability Bill
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…
Read moreTransitions in Mental Health Care
“Transitions in Mental Health Care" is published by the National Mental Health Development Unit – to access a copy click click here.
Read moreA Care Council Wales Guide to Child Care Law
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…
Read moreThe Equality Act 2010 and Carers
This briefing considers the impact of the Equality Act 2010 reforms on carers. It has been developed by Professor Luke Clements through a discussion with representatives of Carers UK, IDeA,…
Read moreCarers Guide To The Law
A new (4th) edition of the Carers Guide To The Law has been published – to access a copy click here Published 5 August 2011
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