Today, the Law Commission publishes its final report on disabled children’s law in England, marking the conclusion of a two-year review and extensive consultation on proposals to modernise the fragmented legal framework governing social care for disabled children.
The Law Commission recommends comprehensive reforms to ensure that disabled children will benefit from clearer legal rights and more consistent support, and the law in this area is fairer, simpler and up to date.
Disabled children should be kept within existing Children Act protections: The Law Commission recommends keeping disabled children within the scope of section 17 of the Children Act 1989, while introducing a discrete set of rights and entitlements for disabled children into that Act.
Single, comprehensive statutory guidance: New statutory guidance should set out the rights and responsibilities of disabled children, families and local authorities, to help local authorities ensure a more appropriate balance between identifying and meeting the needs of disabled children and their families in a non-stigmatising way.
National eligibility criteria: National eligibility criteria should be established to end the current postcode lottery of support for disabled children. As a first step, the Government should carry out further work to decide what the eligibility criteria should be and ensure that they are financially sustainable.
The recommendations aim to balance meeting disability-related needs whilst maintaining essential safeguarding protections.
Other key reforms include:
- giving disabled children express rights to request social care assessments and ensuring they receive independent advocacy when needed.
- proposals to strengthen transition planning to adulthood and improve cooperation between health, education and social care services.
The reforms are likely to affect over half a million disabled children in England. Implementation would require government approval and new legislation to be introduced in Parliament.
The full report and recommendations are now with government for consideration. Further details on the project, the full report and a summary are available here.
Caroline Coady, Deputy Director for Social Care and Participation said:
“At a time of significant reform across Children’s Services and Local Government, and as we anticipate a Schools White Paper in the Autumn, there is a real opportunity to simplify and join up the legal framework of support for disabled children and their families. CDC welcomes the Law Commission Final Report on Disabled Children’s Social Care in particular the recommendation to retain the Children Act protections whilst enshrining in law the broader rights and entitlements of disabled children.
We also welcome the recommendation that all local authorities be required to have a Designated Social Care Officer (DSCO) for SEND building on the growing body of evidence on the positive impact of the role. We urge the Government to carefully consider the implementation of these recommendations alongside the wider reform agenda and look forward to their response in due course”
