The Law Commission has proposed an overhaul of the ‘out of date’, ‘inaccessible’ and ‘potentially unfair’ law on provision for disabled children
Its 343-page consultation paper, ‘Disabled children’s social care’, published this week, covers the rules governing whether a disabled child can get help from social services to meet their needs, what help they can get, how they get it and how they may transition into adult social care. Typical help includes professional carers who visit the child at home, respite care, community activities or provision of special equipment. Alternatively, direct payments could be made so the parent can purchase these themselves.
Currently, under s 17 of the Children Act 1989, a disabled child is a child who is ‘blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity’. The Law Commission points out this definition is from the 1940s and lags behind present-day understanding of autism and neurodiversity.
Moreover, current law is not only complicated but scattered throughout an array of Acts of Parliament, regulations, court decisions, government guidance and local authority policies. The Law Commission highlights that, since the law stipulates that local authorities provide the services required, whether a child’s needs are met or not depends on where they live.
The consultation paper poses questions on how disability should be defined, what remedies should be available when things go wrong, whether the current framework for care should be replaced, and whether there should be national eligibility criteria for disabled children’s social care.
Professor Alison Young, commissioner for public law, said: ‘The children who need help from social services have changed over time as our awareness and understanding of particular conditions has developed.’
The consultation closes on 20 January 2025.
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