Law Commission consultation on disabled children's social care law

We invite consultees’ views on the statutory complaints procedure (either through making or handling a complaint).

We invite consultees to tell us about experiences of complaints to the Local Government and Social Care Ombudsman. Do consultees consider that the current system enables timely and appropriate resolution of such complaints?

We invite consultees’ views on whether the Children’s Commissioner should be given an express power to initiate legal proceedings in respect of the social care needs of disabled children.

We invite consultees’ views on the changes necessary in order for families to have an effective and independent mechanism to challenge and rectify decisions about disabled children’s social care.

We invite consultees’ views on extending the powers and jurisdiction of the SEND Tribunal as a potential option to challenge and rectify decisions about disabled children’s social care.

We provisionally propose that the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations are amended. This amendment should make clear that the SEND Tribunal has the power on an “extended” appeal to recommend that a local authority carries out a social care assessment where one has not been carried out.

Do consultees agree?