On the 17th October 2023 the Department for Education commissioned a review into the laws on children’s social care in England. The Law Commission aims are to simplify and strengthen the law, allowing children with disabilities to access the support they need. The project was recommended in the 2022 Independent Review of Children’s Social Care.
The review’s objectives are to:
- Recommend a solution to the patchwork of legislation that currently governs social care for disabled children.
- Improve how the law on social care for disabled children fits in with the law relating to social care more broadly.
- Review the outdated language and definitions underpinning the law on social care for disabled children.
The Commission will look at the law and policy on social care for disabled children in England, including section 17 of the Children Act 1989 and section 2 of the Chronically Sick and Disabled Persons Act 1970. The overarching aim of review will be to simplify and strengthen the law, ensuring that the system is fair and works for children, parents and other care givers, and local authorities. The review will focus on the provision of support and services in family-based care.
The Law Commission has started preliminary work on this project, with the aim of publishing a consultation in Spring 2024.
Further information can be found at: