header-logo header-logo

17 September 2025
Issue: 8131 / Categories: Legal News , Child law , Public , Local authority , Community care , Health
printer mail-detail

Overhauling support for disabled children

The current ‘postcode lottery’ of support for more than half a million disabled children in England could be replaced with clearer rights and national eligibility criteria, under Law Commission proposals

The commission recommends sweeping changes in its 220-page paper, ‘Disabled children’s social care: final report’, published this week after a two-year review and consultation.

It calls for a unified legal framework with nationally-set rather than locally-set criteria governing whether a disabled child gets support from social services, what help they get and how they get it. This would be accompanied by comprehensive guidance setting out the rights and responsibilities of children, families and local authorities.

Current Children Act 1989 protections would be retained, and a discrete set of rights and entitlements added to the Act.

Disabled children would be given express rights to request social care assessments and provided with independent advocacy when needed. The commission also wants to strengthen cooperation between health, education and social care services, particularly during transition planning to adulthood.

Currently, parents, carers and local authorities must navigate an assortment of legislation dating back to the 1970s and 1980s. According to the commission, this not only makes accessing support unnecessarily complicated but has resulted in children in some parts of the country being given support while children in other parts with identical needs are not. Many of the legal definitions are now out of date: for example, the definition of ‘disability’ dates from the Second World War.

Alison Young, Commissioner for Public Law, said: ‘These recommendations represent a crucial step towards ensuring disabled children receive the support they need, when they need it, regardless of where they live.

‘Our proposals would create a simpler, fairer and more accessible framework that puts the child’s best interests at the heart of decision-making whilst maintaining vital protections.’

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll