Law Commission consultation on disabled children's social care law

We provisionally propose that that there be a single express duty to assess the social care needs of disabled children.

Do consultees agree?

We invite consultees’ views on the appropriate threshold for carrying out an assessment. Should an assessment be carried out where:

• (1) the child appears to be disabled; 
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• (2) it appears the child may have needs for care and support; 
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• (3) it appears the child may be eligible for care and support
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• (4) the child is likely to be eligible for care and support; or
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• (5) it appears that a child may need care and support in addition to or instead of that provided by their family?

We invite consultees’ views on the extent to which, if at all, the law should facilitate the combining of assessments undertaken for other purposes? There are three main options. 

(1) The legislation could make clear that the assessment for a disabled child should be separate and additional to other assessments.

(2) The legislation could remain silent and allow local authorities freedom to choose whether the assessments can or should be combined.

(3) The legislation could encourage or compel the assessments to be combined. This could be done in three different ways:

      (a) by giving a power to combine assessments;

      (b) by imposing a duty to combine assessments; or

      (c) by a presumption of combining the assessments which can be rebutted with a good reason.

We invite consultees to indicate below, if applicable, which sub-option within option (3) would be preferrable.

We invite consultees to provide their:

1. (1) experiences of the use of equivalent assessments under the Mental Capacity Act 2005; and
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3. (2) views on whether this approach would be appropriate in the context of disabled children’s social care.