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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 Many of the legal definitions are now out of date: for example, the definition of ‘disability’ dates from the Second World War.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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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