Law Commission consultation on disabled children's social care law

We provisionally propose that decision-making as to the assessment and meeting of the social care needs of disabled children should be based upon: 

1. (1) an overarching principle that the best interests of the child be the primary consideration for decision-makers;
2.  
3. (2) a set of considerations to which decision-makers must have regard in applying that principle; and
4.  
5. (3) a final check that decision-makers must apply as to whether the purpose being served by the proposed decision or action can be as effectively achieved in a way which is less restrictive of the child’s rights and freedom of action.

Do consultees agree?

We are provisionally proposing the following list of considerations to which decision-makers should have regard:

1. (1) the importance of promoting the upbringing of the child by the child's family, in so far as doing so is consistent with promoting the best interests of the child;
2.  
3. (2) the importance of the child participating as fully as possible in decisions relating to the exercise of the function concerned;
4.  
5. (3) the importance of the child being provided with the information and support necessary to enable participation in those decisions, having regard to their particular needs;
6.  
7. (4) the views, wishes and feelings of the child;
8.  
9. (5) the views, wishes and feelings of the child’s parents and carers and their knowledge of their child’s condition and needs;
10.  
11. (6) the need to support the child and their parent carers in order to facilitate the development of the child and to help them achieve the best possible outcomes at each stage of their life;
12.  
13. (7) the importance of preventing or delaying the development of the needs for care and support;
14.  
15. (8) the need to prepare the child for adulthood and independent living; and
16.  
17. (9) the characteristics, culture and beliefs of the child (including, for example, language).

Do consultees agree?

We invite consultees’ views on the operation and practical effect of the list in section 1(3) of the Care Act 2014. 

If the approach that we have set out in Consultation Questions 70-71 to participation were to be adopted, we invite consultees’ views as to whether and how it should vary according to the age of the child.