Complex and outdated laws governing social care for disabled children to be overhauled
Social workers are being urged to contribute to a consultation that could result in a new legal framework for practice with disabled children in England.
The Law Commission says current laws are outdated, over-complex, potentially unfair and difficult for parents and carers to navigate.
It is urging social workers and others to respond to a consultation which ends on 20 January.
The main law governing support for disabled children is section 2 of the Chronically Sick and Disabled Person’s Act 1970.
Launching the review, minister for children and families Janet Daby said: “I’ve spent over a decade as a social worker, so I know how important it is that we get the legal framework right for disabled children and their families.
“It’s high time that outdated and offensive language and confusing and contradictory rules are axed from our legal system for good – saving social workers’ hugely valuable time, that can be better spent improving families’ experiences.”
An example of offensive language is the use of the term “handicapped” within section 17 of the Children Act 1989.
The consultation is expected to recommend a new legal framework to replace a “patchwork of legislation” currently governing social care for disabled children.
It will also look at reforming assessments; eligibility; how services are provided; transition to adult social care; the definition of disability and advocacy and participation.
The “postcode lottery” of eligibility that forces some parents to move to a different local authority area to access better support will be investigated too.
The commission said: “Whether a disabled child is eligible for help from social services depends on where they live in the country. This is because local authorities are allowed to draw up their own eligibility criteria.”
Another area to be looked at is concern raised by parents that assessments too often focus more on safeguarding risks than providing support. The Independent Review of Children's Social Care noted that families of disabled children felt “they are navigating a system that is set up for child protection, not support”.
Social work reaction
Birgit Forster, a social work lecturer at Birmingham City University, said an overhaul of the SEND legal framework was “long overdue” and must tackle the “systemic discrimination” of the postcode lottery.
She added: “New legislation should strengthen early help provision across the board and link this strongly to impartial advise, advocacy and support.
“From my experience in practice the system is very risk averse, and this could be avoided by supporting children and families early on, if organisation have the right resources.”
Sarah Goff, from BASW England’s children and families group, said: “This consultation concerns all of us as social workers, not just disability specialists. Disability should not be seen as a separate specialism; we all need to understand the issues for disabled children and their families and carers.”
She added many children with special educational needs do not receive social care support until they are in major crisis.
“The majority are within mainstream education and these families often feel unheard, face long delays for assessments and do not receive help when they have that diagnosis.”
June Thoburn, emeritus professor in social work at the University of East Anglia, questioned whether new legislation was the answer to existing problems.
“What is needed can be achieved by additional or improved guidance about service delivery for disabled children and their families and training and strengthened advocacy services.”
A similar point was made by Evelyn Armstrong, a mother of a child with special educational needs interviewed by PSW two years ago. She said: “The system we currently have is brilliant – if it is adhered to.
“When the Children and Families Act 2014 and the SEND Regulation 2015 and the Code of Practice were put together, they were supposed to be three fantastic documents that would help a child. The problem we have is that local authorities, educational settings, social care and health departments are not adhering to the code of practice and the regulations.”
You can respond directly to the consultation here or share your views with BASW here before 20 January