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17 September 2025
Issue: 8131 / Categories: Legal News , Child law , Public , Local authority , Community care , Health
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Overhauling support for disabled children

The current ‘postcode lottery’ of support for more than half a million disabled children in England could be replaced with clearer rights and national eligibility criteria, under Law Commission proposals

The commission recommends sweeping changes in its 220-page paper, ‘Disabled children’s social care: final report’, published this week after a two-year review and consultation.

It calls for a unified legal framework with nationally-set rather than locally-set criteria governing whether a disabled child gets support from social services, what help they get and how they get it. This would be accompanied by comprehensive guidance setting out the rights and responsibilities of children, families and local authorities.

Current Children Act 1989 protections would be retained, and a discrete set of rights and entitlements added to the Act.

Disabled children would be given express rights to request social care assessments and provided with independent advocacy when needed. The commission also wants to strengthen cooperation between health, education and social care services, particularly during transition planning to adulthood.

Currently, parents, carers and local authorities must navigate an assortment of legislation dating back to the 1970s and 1980s. According to the commission, this not only makes accessing support unnecessarily complicated but has resulted in children in some parts of the country being given support while children in other parts with identical needs are not. Many of the legal definitions are now out of date: for example, the definition of ‘disability’ dates from the Second World War.

Alison Young, Commissioner for Public Law, said: ‘These recommendations represent a crucial step towards ensuring disabled children receive the support they need, when they need it, regardless of where they live.

‘Our proposals would create a simpler, fairer and more accessible framework that puts the child’s best interests at the heart of decision-making whilst maintaining vital protections.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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