Luke Clements

Luke Clements is the Cerebra Professor of Law and Social Justice at the School of Law, Leeds University. Luke is also a solicitor with Scott-Moncrieff & Associates Ltd.

Luke’s academic research and litigation experience is primarily concerned with the rights of people who experience social exclusion, including disabled people and their carers.

He has helped draft and promote a number of Parliamentary Bills aimed at improving the rights of people experiencing social exclusion and in 2013 he was the Special Adviser to the Parliamentary Committee that scrutinised the draft Bill that resulted in the Care Act 2014.

The Parent and Carer Alliance is very grateful that Luke has kindly given his permission for us to use his work on this website, please see sections below.

Council funding panels

Many local authorities have ‘funding panels’ to which social workers have to present cases, in order to get agreement for the care support a person may need.  These have been much criticised and this link considers the legality of such ‘panels’.

Challenging reductions in Care Services

Councils must meet the eligible social care needs of disabled and older people as well as those of carers. The duty to meet eligible needs is one that exists regardless of the resource problems a local authority may have, and the support cannot be cut unless there is convincing evidence as to why the previous support is no longer required.

Click here to find out more details and cases which illustrate the approach taken by the Ombudsman to cuts in care and support packages

Challenging demands to repay direct payments

The Care Act 2014 requires that adults with eligible needs are provided with care and support which is detailed in a Care and Support Plan.  A similar duty exists in relation to disabled young people under the Children Act 1989. Care and support for disabled people (regardless of age) can be provided either by the local authority providing or commissioning the necessary services or by way of a direct payment. Local authorities are however finding ever more imaginative ways of cutting back on the care and support they provide.

One way of cutting back on support is simply to reassess and then state that the needs no longer exist (or no longer require the same level of support).  This might also involve saying that family carers can and should do more themselves or even suggesting that they pay for the disabled person’s care and support needs.

Click here  to find out more about how to challenge this

For more information on Luke and the work that he does click here to go to the Resources page of his website