Law Commission consultation on disabled children's social care law

Closes 20 Jan 2025

Chapter 4: Assessing the child’s needs – the process and content of the assessment (Q 7-12)

Consultation Question 7.

We invite consultees to tell us about their experiences, both positive and negative, of the current process of assessing the social care needs of disabled children.

Consultation Question 8.

We provisionally propose a requirement that assessments are proportionate and appropriate to the circumstances of the child and their family.

Do consultees agree?

Consultation Question 9.

We provisionally propose that assessors should be required to have appropriate expertise and training. 

Do consultees agree?

We invite consultees’ views on whether assessors should be required to have expertise in specific conditions.

Consultation Question 10.

We provisionally propose that local authorities should be required to provide disabled children and their families with a copy of their assessment.

Do consultees agree?

Consultation Question 11.

We provisionally propose that guidance should emphasise that assessors need to consider whether any other relevant statutory assessment duty is engaged when assessing the social care needs of a disabled child.

Do consultees agree?

Consultation Question 12.

We invite consultees’ views on whether it is necessary and appropriate to give local authorities the power to delegate the assessment of the social care needs of disabled children to trusted third parties, retaining ultimate responsibility for the standard of the assessment.