Law Commission consultation on disabled children's social care law

We provisionally propose that a new legal framework for disabled children’s social care should include a right to independent advocacy for any disabled child who would otherwise have difficulty in participating in the assessment and planning process around their social care needs. This right would apply unless:

1. (1) there is already an appropriate person who can represent and support that child; or
2.  
3. (2) a child with the ability to do so (as to which, see Chapter 21) does not want an advocate to be involved.

Do consultees agree?

We invite consultees to provide their experiences of situations where support by an independent advocate has been provided to a disabled child being assessed under section 17 of the Children Act 1989.

We invite consultees to provide us with experiences of culturally competent advocacy (both positive and negative).

We provisionally propose that a new legal framework for disabled children’s social care should provide an entitlement for parents and carers of disabled children to have advocacy support in respect of the assessment of their own needs where, without such support, they would have difficulty participating in the assessment (and where there is no appropriate person who can represent and support them).

Do consultees agree?