Law Commission is seeking views on disabled children’s social care law

Today the Law Commission publishes a consultation paper on disabled children’s social care law and whether it meets the needs of disabled children and their families. The Commission is seeking views from young people, families, local authorities and social workers, and anyone else with an interest in or awareness of the area. The consultation is part of a review into the law to ensure that is fairer, simpler and more up to date. 

“Disabled children’s social care law” is the body of legal rules covering: 

• whether a disabled child can get help from social services to meet their needs; 

• what help they can get; and  

• how they get it.  

This help could be personal care for a child provided in their own home by a carer. It could be a short break, to give a child the chance to get involved in activities in the community while their parent has some time off from their caring responsibilities. It could be an adaptation to a child’s home to make it accessible for a wheelchair. Alternatively, it could be direct payments so that they can purchase any of these things for themselves. A range of other services could also be provided. 

The consultation asks a number of questions including; 

• whether there should be a new legal framework for disabled children’s social care, taking disabled children out of section 17 of the Children Act 1989;  

• whether there should be national eligibility criteria for disabled children’s social care; 

• how we should define disability;  

• what remedies should be available for children and families when things go wrong? 

The consultation is available here and is open until 20 January 2025.