Disabled children’s social care
The Law Commission is reviewing the legal framework governing social care for disabled children in England. The consultation period for this project has now ended.
Problem (Back to top)
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.
Project (Back to top)
The Law Commission project was recommended by 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
- recommend a solution to the patchwork of legislation that currently governs social care for disabled children
- improve how the law on social care for disabled children fits in with the law relating to social care more broadly
- review the outdated language and definitions underpinning the law on social care for disabled children.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 aim 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.
Consultation
We published a consultation paper on 8 October 2024 setting out our initial views on the current legal framework for disabled children’s social care and our provisional proposals on how the framework could be improved. The topics covered by the consultation include:
- assessments and eligibility
- how services are provided
- the transition to adult social care
- remedies
- the definition of disability
- advocacy and participation
- whether a new legal framework is needed
We also published a draft impact assessment with the consultation paper setting out our provisional estimate of the potential costs and benefits of our proposals. We are asking for views on these estimates and assumptions to help us develop a final impact assessment.
During the consultation period we held in-person events across the country, as well as online events, open to the public. We recorded one of these events, and the video is embedded below:
Next steps
The consultation period closed on 31 January 2025. We are now analysing responses before making our final recommendations to Government.
Documents (Back to top)
If you need any of these documents in alternative formats, email us on dcsc@lawcommission.gov.uk
Background information
Deprivation of liberty research
Consultation papers and response forms
Consultation paper and summary
Alternative formats
Consultation (Easy read version)
Summary of consultation (large print)
Summary of consultation (audio)
Response form (Easy read version)
Video
Updates (Back to top)
Project initiated: 05 June 2024
Consultation opened: 08 Oct 2024
Consultation closed: 31 January 2025
Contact us (Back to top)
Email: dcsc@lawcommission.gov.uk
Phone: 020 3334 0200
Post: Disabled Children’s Social Care team, Law Commission, 1st Floor Tower, 52 Queen Anne’s Gate, London SW1H 9AG