Re A (A Child) [2016] EWFC B101 (25 August 2016)
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…
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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…
Read moreHumanising 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…
Read moreAdult 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…
Read moreParliamentary 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…
Read moreCitizens Advice Cymru report on accessing and paying for social care in Wales
A 2017 report by the CAB has found that there is a general lack of awareness of how the social care system works in Wales and that people don’t know…
Read moreThe Autism (Wales) Bill
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…
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Administering a cap on costs [2]
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…
Read moreRevised NHS Continuing Healthcare Guidance published
New NHS CHC Framework guidance has been published (due to come into force in October): click here for the key documents.
Read moreNeurodevelopmental 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…
Read moreDisability 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…
Read more9 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…
Read moreTwo research opportunities
For details of ESRC studentships – click here For details of The Baily Thomas Charitable Fund studentships - click here
Read moreNHS 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…
Read moreAusterity 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
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