Recent and selected publications
Recent Publications
Draft Guidance Assessing the Needs of Disabled Children and their Families
Draft Guidance Assessing the Needs of Disabled Children and their Families. The Guidance results from discussions with English Parent Carer Groups that took place during the first six months of 2023.
The prevalence and impact of allegations of Fabricated or Induced Illness
The prevalence and impact of allegations of Fabricated or Induced Illness written by Luke Clements and Ana Aiello (Cerebra 2023) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
An impact snapshot on the unlawful restrictions on the rights of disabled children with autism to social care needs assessments
An impact snapshot on the unlawful restrictions on the rights of disabled children with autism to social care needs assessments written by Luke Clements and Ana Aiello (Cerebra 2022) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Challenging Parent Carer Blame: Interim research report 1
Challenging Parent Carer Blame: Interim research report 1: Disability and human rights training and guidance for disabled children’s assessors written by Luke Clements and Ana Aiello (Cerebra 2022) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Institutionalising Parent-carer Blame
Institutionalising Parent-carer Blame. The experiences of families with disabled children in their interactions with English local authority children’s services departments written by Luke Clements and Ana Aiello (Cerebra 2021) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Clustered Injustice and the level green
This book is concerned with the legal problems encountered by people whose lives are disadvantaged: disabled people, carers, homeless people, people on low incomes, people falling foul of immigration law … it is a long list. People in this position often experience multiple and synchronous legal problems (‘clustered problems’) for which the traditional ‘single issue’ lawyering approach is ill equipped: they are constantly involved with the law in its most intrusive forms’. Their legal challenges don’t come in single discrete packages (eg a personal injury claim, a house purchase, a divorce) but are multiple, interlinked and successional. No sooner has one problem been addressed than another is encountered.
For a podcast discussing the book – click here.
Unlawful restrictions on the rights of disabled children with autism to social care needs assessments
Unlawful restrictions on the rights of disabled children with autism to social care needs assessments written by Priya Bari, Luke Clements, Ana Aiello and Tansy Hutchinson (Cerebra 2020) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Disabled children: a legal handbook
Disabled Children: A Legal Handbook 3rd edition
Written by Steve Broach and Luke Clements (Legal Action Group 2020).
Coverage includes: understanding disabled children’s lives – legal fundamentals – children’s services – education – health – housing – decision-making – carers – equality and non-discrimination – transition to adulthood – remedies.
Unacceptable Delay
Unacceptable delay: Complaints procedures for disabled children and their families written by Luke Clements and Ana Aiello (School of Law, Leeds 2019) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Community Care and the Law
The authoritative and up-to-date review of adult social care law in England (2019 7th edition 1,036 pages).
Written by Luke Clements with expert contributions from Karen Ashton, Simon Garlick, Carolyn Goodall, Edward Mitchell and Alison Pickup.
Coverage includes: The statutory scheme, the well-being duty and other cross cutting obligations • Assessments, care planning and care services • Ordinary residence • Charging • Direct payments • NHS Continuing Healthcare, hospital discharge and intermediate care • Mental capacity • Housing • Group specific care and support duties for: older people, people with learning disabilities, autism, mental health difficulties, substance misuse, sensory impairments and prisoners • People subject to immigration controls • The regulation of care • Safeguarding • Remedies.
For a Disability & Society Review of the last edition click here
Direct Payments for Disabled Children and Young People and their Families
Direct Payments for Disabled Children and Young People and their Families written by Luke Clements, Sarah Woodin, Sorcha McCormack and Derek Tilley (School of Law, Leeds 2019) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Disability related expenditure and pets care costs
Disability related expenditure and pet care costs written by Luke Clements and Sorcha McCormack (School of Law, Leeds 2018) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
The accessibility of Disabled Facilities Grant application forms in England
The accessibility of Disabled Facilities Grant application forms in England written by Luke Clements and Sorcha McCormack (School of Law, Leeds 2018) based on research undertaken by pro bono research students at the School of Law (a Cerebra Legal Entitlements and Problem-solving Project).
Carers and their Rights
A pre-publication draft of a fully updated guide to the rights of carers to social care support in England. To access the Guide click here.
Written by Luke Clements (7th edition 2018 135 pages).
Social care: from Poor Law to the present
For a pre-publication draft of the introductory chapter of Community Care and the Law (7th edition 2019) which reviews the development of social care law in the UK click here.
Cerebra Accessing Public Services Toolkit
This toolkit aims to support disabled people and carers encountering difficulties with the statutory agencies in relation to the provision of health, social care and education support services. To access click here
Written by Luke Clements and illustrated by Gillian Clements (2016, updated 2017 and 2021 36 pages).
Disabled Children and the Cost Effectiveness of Home Adaptations & Disabled Facilities Grants
Disabled Children and the Cost Effectiveness of Home Adaptations & Disabled Facilities Grants: a Small Scale Pilot Study (School of Law Leeds 2017)
A small scale pilot study of the economic and well-being impacts of adaptations to family homes to accommodate the needs of young people with Autistic Spectrum Disorders who have behaviours that challenge.
Written by Luke Clements and Sorcha McCormack.
Local Authority Home to School On-line Transport Policies
Local Authority Home to School On-line Transport Policies: Accessibility and Accuracy (School of Law Leeds 2017)
A study of almost half of all English local authority websites concerning the accuracy and accessibility of their information concerning the right of disabled children to free (local authority funded) home to school transport has found serious failings in the information provided.
Written by Sorcha McCormack and Luke Clements.
Does your carer take sugar?
Does your carer take sugar? Carers and human rights: the parallel struggles of disabled people and carers for equal treatment’
in The Washington and Lee Journal of Civil Rights and Social Justice (2013) v19 pp397 – 434. For a pre-publication draft of this paper in English click here and for one in Spanish click here.
Putting the Cart before the Horse: Resource Allocation Systems and Community Care
Paper written by Lucy Series and Luke Clements published in the The Journal of Social Welfare and Family Law [2013] (2) 207-226. For a pre-publication draft of this paper click here.
The European Union Structural Funds and the Right to Community Living
Paper written by Camilla Parker and Luke Clements in The Equal Rights Review, Vol. Nine (2012) pp95 – 116. For a copy of this paper click here.
The European Union and the Right to Community Living
Publication by Camilla Parker and Luke Clements (Open Society Foundations, (2012) ISBN: 978-1-936133-67-3;
For a copy of this publication click here.
Disability, Dignity and the Cri de Coeur
European Human Rights Law Review Special Disability Rights Issue, Sweet & Maxwell [2011] E.H.R.L.R., Issue 6: pp675 – 685
For a pre-publication draft of this paper click here.
A sideways look at personalisation & tightening eligibility criteria
The Elder Law Journal (Jordans) v.1 pp 47-52. For a pre-publication copy of this paper click here.
Individual Budgets and irrational exuberance
In The Community Care Law Reports, 11, pp 413-430. For a pre-publication draft of this paper click here.
The UN Convention on the Rights of Persons with Disabilities: a New Right to Independent Living?
Paper written by Camilla Parker and Luke Clements in the European Human Rights Law Review Issue 4 2008 pp508 – 523. For a pre-publication draft click here.
Disabled People and the Right to Life
Edited book with Janet Read Routledge. (2008) 272pp.
The Need for Law Reform
A 2007 briefing paper for the Office for Disability concerning Community Care law Reform – for a copy click here.
Winners and Losers: Social Exclusion and the impact of the Human Rights Act
Paper appearing in Human Rights Act: A Success Story? L Clements & P Thomas (eds) Journal of Law and Society, Spring 2005 pp 34 – 51.
Ugly, deformed and grubby: the Common Law and human rights.
Chapter in J Gunning and S Holm (eds) Ethics, Law and Society (Ashgate 2005). For a pre-publication draft of this chapter click here.
The Dog that didn’t bark
Chapter written with Janet Read in Lawson L & Gooding C (eds) Disability Rights in Europe: From Theory to Practice Hart Publishing (Hart Publishing, 2005). For a pre-publication draft of the chapter click here.
Demonstrably Awful: The Right to Life and the Selective Non-Treatment of Disabled Babies and Young Children
Paper written by Janet Read and Luke Clements in the Journal of Law and Society, v31, No. 4, December 2004, pp. 482-509. For a pre-publication draft of this chapter click here.
Disabled People and European Human Rights
Book written by Luke Clements and Janet Read (Policy Press 2003)
At What Cost? The economics of Gypsy and Traveller encampments
Book written by Rachel Morris and Luke Clements (Policy Press 2002).
Gaining Ground: Law Reform for Gypsies and Travellers
Book written by Rachel Morris and Luke Clements (eds), (University of Hertfordshire Press 1999).
The Human Rights Act – a New Equity or a New Opiate?
The Human Rights Act – a New Equity or a New Opiate: Reinventing Justice of Repackaging State Control?’ in The Journal of Law and Society April 1999; Vol. 26 No.1 p72 – 85.
Community Care: Towards a Workable Statute
In Liverpool Law Review Vol. XIX(2) [1997] p181-191.
Signposts through the maze (A Guide to Carers and the Law)
Book written by Luke Clements and Glenys Ruan (Carers National Association 1997)
Fraudulent Mediums Act
Article written by Luke Clements and Rachel Morris] in New Law Journal Vol.146; No.6766; November 1 1996: p1574-6.
European Human Rights: Taking a case under the Convention
(Sweet & Maxwell 1994).
Full Publications
Full Publication list
For a full publication list 1992 – present – click here.
