Disabled children's social care: Brief Guides (2025)
Introduction
The law and procedures governing social care support for disabled children and their families are notoriously complex.
This series of seven briefings has been developed to support practice leaders and service managers to promote greater understanding across the children’s workforce of the legal and policy landscape around disabled children’s social care.
Developed by Research in Practice and the Council for Disabled Children, the briefings accompany the resource Using a needs-led eligibility framework to provide services to disabled children and families (June 2024).
Overview
One: The Law Commission’s review
In 2023, the Law Commission announced that it was launching a comprehensive review of the legal framework governing the provision of social care support for disabled children and their families. This briefing provides information on the background, aims, and timescale of the review.
Two: Families’ experiences of social care
Local authorities’ duties to disabled children and their families are set out in several overlapping pieces of legislation. This briefing gives an overview of children’s and families’ experiences navigating this complex landscape and the barriers to assessments.
Three: Hierarchy of the law
This briefing provides an overview of the three levels of domestic law that shape the legal rights of disabled children and their families.
Four: Understanding powers, duties, and entitlements
This briefing explains how local authorities can enact their powers and duties and how this affects the provision of services for disabled children.
Five: Section 17 of the Children Act 1989 and Section 2 of the Chronically Sick and Disabled Persons Act 1970
This briefing explores the relationship between Section 17 of the Children Act 1989 and Section 2 of the Chronically Sick and Disabled Persons Act 1970 and how this affects disabled children’s entitlements.
Six: Eligibility criteria and disabled children’s social care
This briefing examines the law around eligibility criteria. Specifically, it explains how local authorities must outline the process by which they determine whether a child in need is eligible for support from statutory services.
Seven: How does the law define ‘disabled’ in relation to children?
This final briefing explains the definition of ‘disabled’ under the Children Act 1989 and the Equality Act 2010.
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