Read the CBF’s statement in response to the Law Commission Review of Disabled Children’s Social Care

On Tuesday 16th September, the Law Commission published its final report of the Review of social care for disabled children in England.  The Law Commission is an independent body that reviews existing laws and recommends potential reforms.  

Families tell us that the current system is complicated, inaccessible and difficult to navigate, too often characterised by a culture of parental blame. Children and young people are regularly placed on waiting lists or excluded from services altogether due to their child’s complex needs. This leaves families of children with severe learning disabilities without the vital support they need. The outcome is that a system intended to provide support actually causes exhaustion, stress and trauma.  

The aim of the review was to simplify and strengthen the law, ensuring the system is fair and works for children, parents’ caregivers and local authorities. We are pleased that the Law Commission listened to families in making its recommendations. 

Key recommendations in the final report include:  

• A simplified and unified legal framework for disabled children’s social care law (within the Children Act 1989)  

• Statutory guidance setting out the rights of disabled children and their families and local authorities’ responsibilities to meet these 

• National eligibility criteria for meeting the social care needs of disabled children  

• A right to independent advocacy for disabled children (where there is not already an appropriate person to represent and support the child) when the local authority is assessing and planning to meet their social care needs 

• A requirement that planning for disabled children to make the transition to adulthood should start by the age of 14 

It is now for government to review and consider the Law Commission recommendations and set out its plans. 

Jacqui Shurlock, Chief Executive of the Challenging Behaviour Foundation commented:  

“We welcome the Law Commission’s proposals to reform the law for disabled children and their families. The proposed changes address many of the issues that families raised and have the potential to improve access to social care and end the postcode lottery of access to services and support.  

The current system of support for disabled children and their families is in urgent need of reform. When families ask for support, that is exactly what they should get, not judgement or blame or a protracted wait while services argue over who is responsible. We urge the government to take forward these proposals and ensure that the experiences of children with severe learning disabilities and the voices of family carers continue to be heard as reforms are implemented. 

We welcome the recognition from the Law Commission that transition to adulthood is a key area of law in need of reform. Due to late planning too many young people with a severe learning disability are moved hundreds of miles away from their family, friends, and local community when they reach adulthood. This must change. Everyone deserves the opportunity to live near to the people they love with the support that they need to thrive.  

The Challenging Behaviour Foundation will continue to ensure that the voices of children and young people with severe learning disabilities and their families drive our representations to government as they consider the Law Commission report.” 

Transition to adulthood 

The Review recognised the sharp cliff edges in support as young people transition from children’s social care to adult social care and the need for planning to start at an earlier stage. We strongly welcome the Commission’s recommendation that planning for disabled children to make the transition to adulthood should start by the age of 14.

Currently, under the Care Act 2014, local authorities must carry out an assessment of young people’s support needs, and plan to meet these needs if they are likely to continue beyond the age of 18. However, there is no statutory age when this planning should begin. The law commission found that the flexibility in the current legal framework about when to start transition planning allows for transition planning to start at a very late stage.  

The resultant last-minute planning and a lack of collaboration between different services means that many young people reach adulthood and local authorities are unable to offer appropriate, local support. Too many young people are moved hundreds of miles away from their family, friends, and local community.  Everyone deserves the opportunity to live and thrive in an environment that is the best for them and to live near to those they love.  

You can read the Law Commission’s full report here: 

Disabled Children’s Social Care – Final Report 

You can also find the CBF’s work and resources around transition here: 

Transition to Adulthood – Challenging Behaviour Foundation 

You can contact the CBF if you would like support or guidance to access social care or for your child’s transition into adulthood. 

The family support service can provide information and support about the needs of children, young people and adults with a severe learning disability. Our support is confidential. 

Family Support Services:   

The CBF also provides a family support service helpline, which is available 9am-5pm Monday to Thursday and 9am-3pm Friday. This can be accessed via:   

Phone: 0300 666 0126  

Email: Support@thecbf.org.uk