On 16 September 2025, the Law Commission published its final report on disabled children’s social care in England. It’s the most comprehensive review of this area since the Children Act 1989, and it doesn’t hold back: the current system is described as “bafflingly complex,” outdated, and often unfair.
The full summary is available here (PDF), but here are some of the key recommendations:
- A modern legal framework that clearly defines disabled children’s rights to support.
- A new definition of disability, replacing archaic terms like “dumb” and “handicapped.”
- National eligibility criteria to end the postcode lottery.
- Mandatory assessments conducted by trained professionals, with dignity and proportionality.
- Support for parent carers and siblings, recognising the whole family’s needs.
- Better transition planning*, starting at age 14, to prepare for adulthood.
- Direct payments that are sufficient, not just “reasonable.”
- Statutory care plans for every eligible child, reviewed regularly.
The government is not obliged to implement these recommendations. They must respond within six months, and give a final answer within a year. Historically, Law Commission proposals do influence legislation—but there’s no guarantee. It will depend on political will, budget priorities, and public pressure.
Reading this report was bittersweet. So many of the issues it highlights - dismissive assessments, inconsistent thresholds, lack of carer support - were exactly what we faced. If these reforms had been in place when Andrew was younger:
- We might have avoided the years of being told “he doesn’t meet criteria”.
- Our family’s needs - including parents - might have been acknowledged.
- Respite might have been offered as a right, not a battle.
- Planning for adulthood could have started earlier, with less cliff-edge panic.
If adopted, these changes could transform the landscape for disabled children and their families. They offer clarity, fairness, and a chance to be seen - not just assessed. I hope that parents reading this in 2026 or beyond will find themselves in a system that listens, supports, and adapts.
If you’re a parent, carer, or professional, I encourage you to read the summary and keep an eye on how the government responds. Reform is possible - but only if we keep telling our stories.