Archives

Neurodevelopmental Conditions Survey

Cerebra and a number of other leading charities are undertaking a survey concerning  the realities of living with more than one neurodevelopmental conditions.  To complete this please click here.

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FACS and fiction

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…

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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…

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Carers and their Rights: Guide

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…

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Disability Law Service vacancy

The most excellent Disability Law Service is looking for a community care lawyer.  For details of the post click here.

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Means testing children’s healthcare ~ by stealth

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…

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Musical beds

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…

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Direct Payments Research

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…

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Social care reform: avoiding the obvious [1]

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…

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9 SEN Myths

Contact has published 'Nine myths busted about special educational needs in England' - click here.

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N v. Romania (2017)

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…

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Two research opportunities

For details of ESRC studentships – click here For details of The Baily Thomas Charitable Fund studentships - click here    

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NHS Complaints survey

NHS England has launched a survey about the experiences of children, young people and adults with a learning disability, autism or both who have made complaints.  This could result in…

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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…

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LLM 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…

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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…

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Care Act 2014 Overview

For an 'overview' guide to the Act click here.

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Wales Social Care Law

For an updated guide to the law click here.

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Newsletter Summer 2017

For the summer 2017 Newsletter  click here 

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The Periodic Table pinned to the wall

For Guardian article (26 July 2017) click here. 

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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…

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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…

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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…

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

An updated version of the Toolkit has now been published.  To download click here 

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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…

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Social 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.

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The Conservative Manifesto and social care

For a review of the (now abandoned) Conservative Manifesto proposals click here

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Social 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.

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Community 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…

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Care Act 2014 updated briefing (January 2017)

This briefing provides an updated overview of the Care Act 2014.  Click here for the briefing.

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School 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

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Late Spring 2016 Newsletter

For a copy of the late Spring 2016 Newsletter - click here.

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Challenging reductions in care packages

For a brief note advising how to challenge reductions in care and support packages - click here

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New 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

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Cerebra Problem Solving Toolkit 2016

A Guide advising on approaches to solving commonly occurring problems encountered with the health bodies and local authorities.

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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…

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Carers 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

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Carers 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 -…

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Lecture Series: Assessment, Care Planning & NHS Continuing Care

Part of the Cardiff Law School Social Care Lecture Series - click here

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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…

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