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The Law Commission has recommended major reforms to simplify and modernise the legal framework governing social care for disabled children in England, saying the current patchwork of legislation is outdated and inconsistent.
The proposals, published on 16 September, are the outcome of a two-year review and extensive consultation. At present, families and local authorities must navigate overlapping laws dating back to the 1970s and 1980s, which the Commission says create confusion and a “postcode lottery” in the support children receive.
The Commission recommends retaining disabled children within the scope of the Children Act while introducing a new, discrete set of rights and entitlements specifically for disabled children within that legislation. This would be supported by comprehensive statutory guidance to clarify the responsibilities of local authorities and the rights of children and families.
The guidance should also help authorities balance the need to identify and meet support needs in a non-stigmatising way with their safeguarding duties.
To end the current regional disparities, the Commission proposes national eligibility criteria for disabled children’s social care. It is recommending that government begin work with disabled children, families and local authorities to determine what those criteria should be, and how they can be made financially sustainable.
Express rights for disabled children to request social care assessments
Access to independent advocacy to ensure children’s voices are heard
Stronger transition planning into adulthood
Improved cooperation between health, education and social care services
Alison Young, Commissioner for Public Law, said:
“Our proposals would create a simpler, fairer and more accessible framework that puts the child’s best interests at the heart of decision-making whilst maintaining vital protections. The reforms would end the unacceptable situation where a child’s eligibility for support depends more on their postcode than their needs.
By establishing national eligibility criteria and clearer legal pathways, we can ensure every disabled child has access to consistent, appropriate support. These changes would also empower children by giving them direct rights to request assessments and access independent advocacy when they need it most.”
The recommendations have been submitted to government for consideration. If accepted, they would require new legislation to implement. The Commission estimates the reforms could affect more than half a million disabled children in England.
The full report and summary are available here.
