The Law Commission is reviewing the legal framework governing social care for disabled children in England to ensure that the law is fair, modern and accessible, allowing children with disabilities to access the support they need.
A consultation paper asking people to tell us about their experiences of the current system and setting out our provisional proposals on how it could be improved. The consultation is open until 20 January 2025.
The consultation paper is available here. A summary can be accessed here.
The problem
The law on disabled children’s social care in England is currently governed by a patchwork of legislation, some of which dates back more than five decades. This has contributed to variation in the amount and quality of support provided by local authorities, and unnecessarily complicated routes to accessing support for the parents and care givers of disabled children.
The project
The Law Commission project was recommended in the 2022 Independent Review of Children’s Social Care, which heard from families of disabled children struggling to understand what support they are entitled to and how to access it. The project will play a role in the Government’s ongoing programme for the reform of children’s social care.
The Department for Education asked the Law Commission to undertake a review of the law, with the following objectives.
- To recommend a solution to the patchwork of legislation that currently governs social care for disabled children.
- To improve how the law on social care for disabled children fits in with the law relating to social care more broadly.
- To review the outdated language and definitions underpinning the law on social care for disabled children.
The Commission is looking at the law and policy on social care for disabled children in England, including section 17 of the Children Act 1989 and section 2 of the Chronically Sick and Disabled Persons Act 1970. The overarching aim of the review is to simplify and strengthen the law, ensuring that the system is fair and works for children, parents and other care givers, and local authorities. The review is focused on the provision of support and services in family-based care.
The consultation paper
A consultation paper was published on 8 October 2024 setting out initial views on the current legal framework for disabled children’s social care and the Commission’s provisional proposals on how the framework could be improved. The topics covered by the consultation include:
- assessments;
- eligibility;
- how services are provided;
- the transition to adult social care;
- remedies;
- the definition of disability;
- advocacy and participation; and
- whether a new legal framework is needed.
Next steps
The Commission encourages stakeholders to respond using the online form. The closing date for responses is 20 January 2025
Documents
Disabled children’s social care consultation paper.
Summary of consultation paper.
Summary of consultation paper (large print version).
Summary of consultation paper (audio version).
Easy Read version of consultation paper.
Deprivation of liberty research paper.
Response form for the Easy Read version of the consultation paper. This is a separate response form for people who want to use the Easy Read version of the consultation paper to take part in the consultation.
