Law Commission’s consultation ~ Disabled Children’s Social Care
The deadline for commenting on the Law Commission’s Disabled Children’s Social Care Consultation Paper has been extended, and is now Friday 31 January 2025 (23:59).
A copy of my response can be accessed by clicking here.
Overall, the proposals are of to be welcomed – particularly the proposal that disabled children should be taken out of the scope of section 17 Children Act 1989 and that there should be a new simplified and unified legal framework for addressing their social care needs. This has been a key demand by many disabled children’s families and the organisations that advocate on their behalf. It was a key recommendation of the paper L Clements and A Aiello Institutionalising Parent Carer Blame (Cerebra 2021). The Commission’s proposal in this respect is at chapter 3 of its report and in Consultation Question 82 (paragraphs 23.15 – 23.23).
There are a few proposals that cause concern, most particularly the Commission’s suggestions in relation to the NHS Children and Young People’s Continuing Care Framework – see my responses to Consultation Question 50 (Paragraph 14.51) and Consultation Question 52 (Paragraph 14.55). The Commission’s hesitancy in addressing the wholesale failure of local authority ‘accountability’ is also of concern – see my responses to Consultation Questions 61 – 64 paragraphs 19.79 – 18.100.
Posted 15 January 2025.