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17 September 2025
Issue: 8131 / Categories: Legal News , Child law , Public , Local authority , Community care , Health
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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 Many of the legal definitions are now out of date: for example, the definition of ‘disability’ dates from the Second World War.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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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