Law Commission Proposes Reforms to Disabled Children’s Social Care Law

Legally reviewed by: Ravi Kaur Mahey Sep 2025 In: Child Care

On 16 September 2025, after two years of reviews and consultations, the Law Commission published its final report recommending reforms to the way disabled children access social care support in England. These proposals could mark the most significant update in decades benefiting the families of more than half a million disabled children in England.

Why Reform Is Needed

Currently, support for disabled children is governed by a series of laws dating back to the 1970s and 1980s. These series of laws can be complicated for families and local authorities to interpret due to overlapping duties and entitlements. This can often resulting in inconsistent provision. For example, a child with certain needs may receive substantial support in one local authority area, while a child with the same needs elsewhere may receive far less.

The Law Commission has stated that this fragmented system is confusing, outdated, and unfair. Its report calls for a new, unified framework that is designed to deliver better consistency and clarity, in addition to greater protections for disabled children.

The Commission proposes that disabled children should remain protected under the Children Act 1989, while introducing a dedicated set of rights and entitlements within that Act. This would provide one legal home for all relevant provisions.

Other headline recommendations include:

National eligibility criteria: replacing the current postcode lottery with a standardised approach across England. The Government would work with children, families, and local authorities to decide on fair and financially sustainable criteria.
Clearer statutory guidance: setting out the rights of children and families, and the responsibilities of local authorities. Guidance would also encourage a balanced approach between support and safeguarding, delivered in a non-stigmatising way.
Direct rights for disabled children: including the ability to request social care assessments themselves, and access independent advocacy to ensure their views are heard.
Stronger transition planning: ensuring smoother support as children move into adulthood, with better coordination between health, education, and social care services.

Balancing Support and Safeguarding

The Commission stresses that its proposals aim to modernise the law without weakening safeguarding protections. The new proposals also intend to provide families with security and dignity, by clarifying the balance between identifying needs and preventing harm.

The Association of Directors of Children’s Services (ADCS) has welcomed the aims of the report, highlighting the importance of coherence and accessibility for families. However, it also cautioned that the introduction of new duties and criteria could risk additional complexity. They therefore stress the need for careful implementation.

The Commission itself acknowledges that reform will only succeed if supported by comprehensive guidance and meaningful engagement with children, families, and frontline practitioners.

What This Means for Families

For parents and carers, the prospect of national eligibility criteria and clearer rights could help to reduce uncertainty. It would also mean that families no longer need to rely on the policies of their local authority to determine whether their child receives any required support. Direct rights for children also represent a cultural shift, recognising the importance of listening to young people in decisions that can shape their lives.

How Cartwright King Can Help

Until these Disabled Children’s Social Care reforms are enacted, families must continue to navigate the current system. Unfortunately this system can be overwhelming when faced with inconsistent decisions, long assessments, or disputes with local authorities.

Cartwright King’s Child Care team specialises in advising and representing families on all aspects of children’s social care, including cases involving disabled children.

If you need advice about social care for your child, or support in dealing with your local authority, get in touch with our Child Care team on 03458 894 1622 or using our online form.