Law Commission Review of Disabled Children’s Social Care Law: Echoing Together Trust’s calls for change

The Law Commission has published its review of disabled children’s social care law, following a public consultation earlier this year.

Commissioned by the Department for Education after the 2022 Independent Review of Children’s Social Care, the review aims to modernise, simplify, and strengthen the legal framework that supports disabled children and their families.

This blog explains the key recommendations and shows how some reflect changes Together Trust has long been advocating for. It is encouraging to see some of our asks included, and it is vital that the government takes them forward to make a real difference for disabled children and their families.

Why Change Is Needed 

The current law is outdated and confusing:

• Uses offensive language

• Focuses heavily on safeguarding rather than support

• Does not reflect modern understandings of disability

Families face barriers to getting help:

• Assessments are inconsistent

• Professionals often lack disability expertise

• Services don’t coordinate well

Too often, parents and carers are left to navigate a fragmented system without clear information about their rights or the support they are entitled to.

Key Recommendations from the Law Commission

The review proposes a fairer, clearer system that is easier for families and professionals to navigate. Key recommendations include: 

Assessment & Planning

• A single duty to assess and meet needs, carried out by trained professionals with written outcomes and clear national eligibility criteria

• Statutory plans for eligible children, reviewed regularly

• Direct payments and personal budgets that give families control and meet assessed needs

• Stronger rights for parents, carers, and siblings to have their own needs assessed and supported

Rights & Participation

• Statutory principles guiding decisions: best interests, family life, participation, culture, and choosing least restrictive options when taking decisions

• Independent advocacy for children, parents, and carers who need support to understand or communicate

• Clearer guidance on the dividing line between health and social care

• Fair and accessible dispute resolution, with the SEND Tribunal recommend social care assessments

Transition & Local Duties

• Early transition planning starting by Year 9 (or earlier where appropriate) to prepare children for adulthood

• Local authorities and Integrated Care Boards to jointly prepare strategic needs assessments, replacing the disabled children’s register

• Improved cooperation and leadership, including a designated senior social care officer in each local authority

How This Reflects Together Trust’s Advocacy 

These recommendations reflect many changes Together Trust has long been advocating for:

• Independent advocacy: We’ve consistently called for an active offer of independent advocacy, ensuring families are informed about available support rather than waiting for them to opt in

• Early transition planning: Our campaign, What Comes After Education for Young Disabled People, highlighted the need for planning for adulthood to start early, with children’s and adult services working together

• Clarity for families: We have urged the government to make sure families clearly understand their rights and the support they are entitled to. The creation of a co-produced statutory guidance will be a crucial step toward this

• Joined-up systems: We have always advocated for services to work together rather than in silos. A designated senior social care officer in each local authority and joint duties on local authorities and Integrated Care Boards will help make this a reality

• Accountability and compliance: Mechanisms are needed to ensure the law is applied fairly, including statutory duties, clear plans, and stronger oversight

These proposals reflect what families tell us every day - support must be clear, consistent, and rights-based, not dependent on where a family lives or how well they can navigate the system.

What Happens Next 

The Law Commission submitted its final report to government on 15 September 2025.

• The relevant Minister has six months to issue an interim response

• The government has one year to publish a full response

At Together Trust, we strongly urge the government to accept and implement these recommendations in full. They represent a vital opportunity to create a fairer, more inclusive social care system for disabled children and their families.

We’ll continue to work with partners, families, and young people to make sure these recommendations lead to real change - and we encourage everyone who shares our vision to amplify this message and help hold the government to account.

Get Involved

You can support this work in several ways:

• Share your experience, your views on the changes you want to see happening by emailing styliana.pasiardi@togethertrust.org.uk

• Follow us on Bluesky, X, and LinkedIn

• Share this blog on social media and tag Together Trust

• Sign up for our campaign updates

• Check our website news for developments

Your voice helps hold the government accountable and drives real change for disabled children and families.