Law commission U-turn sparks fury over risks to disabled children’s safety

Commission drops plan for separate law amid warnings disabled children could face greater risks

The Law Commission has performed a dramatic U-turn on its controversial plan to create a separate legal framework for disabled children, following fierce criticism that the proposal could strip them of vital protections and leave them dangerously exposed.

Last year, the independent law reform body consulted on sweeping changes to children’s social care law. It argued that the existing legislation was outdated, difficult to navigate, and potentially unfair. The proposal involved removing disabled children from the protection of section 17 of the Children Act 1989, which currently governs local authority duties to safeguard children in need, and instead introducing a ‘simplified’ bespoke framework.

At the time, the Commission insisted that the change would provide clarity and focus on the unique needs of disabled children. But campaigners, charities, and social care experts sounded alarm bells. They warned that the plan could have the opposite effect—making it harder to identify children facing risks beyond disability, such as poverty, racism, bullying, or inadequate housing. More worryingly, they argued, it could result in disabled children being deprioritised by stretched local authorities, complicating an already fragile system and putting vulnerable lives in jeopardy.

In its final report, published today, the Commission conceded defeat on the central plank of its original plan. It admitted that separating disabled children into an entirely new framework was “not the right solution” and accepted that such a move could fragment protections. Disabled children will therefore remain within the scope of section 17.

Instead, the Commission has proposed bolstering the existing legislation by inserting a ‘discrete set of provisions’ into the Children Act. These changes aim to strengthen rights and clarify duties without stripping away the wider safety net.

Among its fresh recommendations are measures designed to end what has been described as a “postcode lottery” in access to care. At present, local authorities may weigh their financial resources when deciding what support to provide. The Commission now wants to impose a single statutory duty to meet the social care needs of disabled children, judged against a national eligibility threshold. This, it argues, will deliver consistency and fairness, ensuring a child’s access to support does not depend on where they live.

The report also sets out a new statutory duty for local authorities to carry out assessments of disabled children’s social care needs. Families would gain the right to receive a written copy of these assessments. Importantly, the assessment would consider what the child requires, rather than what services they currently receive—closing a loophole that critics say allows authorities to ration support.

The debate reflects deep tensions at the heart of social care policy. On one side lies the drive to streamline complex laws and procedures. On the other hand, there is the fear that simplification can all too easily slide into reduction, leaving those most in need with fewer safeguards. The Commission’s volte-face shows just how precarious that balance remains.

The government now has one year to decide whether to adopt the Commission’s recommendations. An interim response is expected within six months. Campaigners will be watching closely, wary that disabled children—among the most vulnerable in society—cannot afford another legal misstep that places their welfare at risk.

For families already struggling with a system they describe as patchy, confusing, and underfunded, today’s announcement may offer relief that a potentially dangerous path has been abandoned. Yet the real test will be whether ministers act swiftly to enshrine stronger protections in law—or whether disabled children remain caught in a cycle of delay and neglect.