The Law Commission has published its final report on disabled children’s social care law, proposing crucial overhaul of the legal framework that governs support for disabled children in England. The reforms aim to remove complexity, promote fairness, and ensure that services are delivered consistently across the country. For local authorities, the recommendations represent a turning point in both legal duties and operational expectations. The key points for local authorities include a modern definition of disability, replacing the outdated standard with a more inclusive and contemporary approach. This change could ensure that children are not excluded from support due to very narrow or obsolete criteria. The Commission also proposes embedding all duties relating to disabled children’s social care within the Children Act 1989, replacing the current fragmented system with a unified structure, making it easier for authorities to really understand and practically apply the law consistently.
Our view is that these recommendations represent a significant opportunity to improve the experience and outcomes for disabled children and their families. By aiming for greater clarity, consistency, and fairness, the proposals could help address many of the challenges currently faced by both families and local authorities.
A new statutory guidance document is recommended to clarify the roles and responsibilities of local authorities, families, and professionals. This guidance would help local authorities balance safeguarding obligations with the need to support families in a respectful and non-intrusive way. Local authorities would be required to apply a single duty to meet the social care needs of disabled children, using national eligibility criteria. This would eliminate regional disparities and ensure that children with similar needs receive similar support, regardless of where they live. The report recommends a statutory right to advocacy for disabled children and their families, ensuring that those who struggle to engage with assessments or care planning are supported to participate meaningfully. Children would have a recognised right to be involved in decisions about their care and support, and local authorities would need to ensure that their processes are child-friendly and inclusive.
Local authorities would be required to begin planning for a child’s transition to adulthood by the school year in which they turn 14, with the intention of preventing gaps in support and promoting smoother transitions. The Commission calls for clearer boundaries between health and social care services, helping to avoid duplication, delays, and disputes over who is responsible for meeting a child’s needs. A fair and accessible system for resolving disagreements is proposed, with emphasis on independence and effectiveness, including clearer routes to challenge decisions and improved support for families navigating the system.
The Law Commission’s final report is comprehensive and detailed, and it will require careful consideration to fully understand its implications and the breadth of its recommendations. The report effectively reflects the intricate nature and interconnectedness of the relevant policy, practice, and legislative frameworks, which have evolved over many years. This could see real efforts to bring greater coherence and improved access for disabled children and their families to the support they need under Section 17 of the Children Act 1989. We look forward to hearing from the Government on the next steps, and to understand how these proposals will align with the forthcoming SEND white paper, the wider programme of reform, and ongoing changes in children’s social care and the NHS.
Although the Government has not yet committed to implementing the recommendations, it is expected to respond within six months. In the meantime, local authorities should review current policies and procedures against the proposed framework, engage with disabled children and families to understand local needs, prepare for potential legislative changes that may require operational restructuring, and consider how advocacy and participation can be strengthened in existing services.
