Introduction
On 15 September 2025, the Law Commission published its Final Report on Disabled Children’s Social Care (HC 1287, Law Com No 422). Commissioned by the Department for Education, the review explored whether the legal framework for disabled children’s social care in England remains effective.
The project was led by Lord Justice Fraser, supported by Professors Penney Lewis, Solène Rowan, Lisa Webley and Alison Young. Over two years, the Commission consulted widely: 176 written submissions were received, around 150 meetings held, and more than 1,000 stakeholders engaged (ch 1, para 1.9, p. 4).
Findings
The report concludes that the current law is fragmented, outdated and difficult to navigate (ch 1, paras 1.3–1.6, pp. 2–3). The Chronically Sick and Disabled Persons Act 1970 and section 17 of the Children Act 1989 were innovative when enacted, but now lack clarity and consistency (ch 1, paras 1.3–1.5, p. 2).
Families reported that support is inconsistent and too often overshadowed by safeguarding inquiries (ch 1, para 1.7, p. 3). Local authorities highlighted the strain caused by overlapping duties and limited resources (ch 1, paras 1.11–1.12, pp. 4–5).
Recommendations
The Commission makes 40 recommendations (ch 18, pp. 255–279). Central to these is a proposal to consolidate existing duties into a single framework within the Children Act 1989, supported by one set of statutory guidance accessible to both professionals and families (ch 2, paras 2.15–2.17, p. 21).
Key reforms include:
- Definition of disability – aligned with the Equality Act 2010, inclusive, and not dependent on a medical diagnosis (rec 3, p. 259).
- Assessment duty – a single duty covering children, parents, carers and siblings, carried out by trained professionals (recs 5–15, pp. 262–265).
- Meeting needs – a statutory duty to meet eligible needs, based on national criteria and recorded in a written plan (recs 16–21, 25–27, pp. 266–269).
- Advocacy – independent advocacy for children (rec 31, p. 271) and for parents or carers where they would otherwise face substantial difficulty (rec 32, p. 272).
- Transition planning – to begin by the school year in which a child turns 14, to support continuity into adulthood (rec 33, p. 273).
- Local co-operation – each local authority to appoint a designated officer for disabled children’s social care (rec 38, p. 276).
- Remedies – a clearer system of dispute resolution, with extended powers for the SEND Tribunal (recs 39–40, pp. 277–278).
Conclusion
The Law Commission presents its proposals as a blueprint for a clearer, fairer and more consistent system (ch 1, paras 1.8, 1.12, pp. 4–5). While implementation will depend on government decisions and resources, the report sets out a pathway towards a modern framework capable of meeting the needs of disabled children and their families in the twenty-first century.
The full report can be read here:
https://cloud-platform-
Sean Kennedy
17 September 2025
