Law Commission consultation on disabled children's social care law

We provisionally propose that a child should be regarded as disabled for the purposes of disabled children’s social care law if:

1. (1) they have a physical or mental impairment; and
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3. (2) the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Do consultees agree?

We provisionally propose that the statutory definition of disability should clarify that social care services should not be denied to a child purely on the basis that their impairment gives rise to:

1. (1) addiction;

• (2) a tendency to set fires;
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• (3) a tendency to steal;
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• (4) a tendency to physical or sexual abuse of other persons;
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• (5) exhibitionism; and
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• (6) voyeurism.

Do consultees agree?

We invite consultees’ views on whether the definition of “substantial and long term” requires adaptation for younger children in the context of disabled children’s social care law.