Learning Disability Today
Supporting professionals working in learning disability and autism services

Law on disabled children’s social care is outdated and unfair, Law Commission says

The Law Commission has launched a consultation on disabled children’s social care law to ensure that it is fair, simple and meets the needs of disabled children and their families.

The law in this instance 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. The Commission says that these rules are currently out of date, in accessible and potentially unfair.

This is because it 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.

It adds: “Disabled children who need help from social services often have serious and complex needs. The person asking for the help will usually be the child’s parent or carer – in practice this is often their mother– who may be exhausted from juggling their caring responsibilities around work and looking after the child’s siblings. The person deciding whether to provide help and, if so, what kind of help to provide, will often be a busy social worker with a large case load to manage.

“In these circumstances, for the law to be useful, it should be up to date, easy to find and understand, and fair. Arguably, it is none of these things.”

What is the Law Commission consultation for?

The Law Commission project was recommended in 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 consultation is seeking views from young people, families, local authorities and social workers, and anyone else with an interest in or awareness of the area.

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Professor Alison Young, Commissioner for Public Law and the Law in Wales said: “The children who need help from social services have changed over time as our awareness and understanding of particular conditions has developed. It is important for these children, their carers and those providing services that the law is fair, up to date and most importantly, simple to understand. We welcome views from everyone with experience in this area before we make our final recommendations.”

The topics covered by the consultation include:

  • assessments;
  • eligibility;
  • how services are provided;
  • the transition to adult social care;
  • remedies;
  • the definition of disability;
  • advocacy and participation; and
  • whether a new legal framework is needed.

Minister for Children and Families, Janet Daby added: “There is no clearer test of a society than how we support our most vulnerable children and families, and this government is determined to break down barriers to opportunity, especially for children in the social care system who deserve the best life chances. 

“I’ve spent over a decade as a social worker, so I know how important it is that we get the legal framework right for disabled children and their families. It’s high time that outdated and offensive language and confusing and contradictory rules are axed from our legal system for good – saving social workers’ hugely valuable time, that can be better spent improving families’ experiences.”

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

author avatar
Alison Bloomer
Alison Bloomer is Editor of Learning Disability Today. She has over 25 years of experience writing for medical journals and trade publications. Subjects include healthcare, pharmaceuticals, disability, insurance, stock market and emerging technologies. She is also a mother to a gorgeous 13-year-old boy who has a learning disability.

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