Law Commission consultation on disabled children's social care law

Closes 20 Jan 2025

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Chapter 14: The intersection with health care (Q 50-52)

Consultation Question 50.

We provisionally propose that the current dividing line between social care and health care in respect of children, based upon the scale and type of the care being provided, should be placed on a statutory footing, with a regulation-making power to enable that line to be changed in future.

Do consultees agree?

Consultation Question 51.

We provisionally propose that there should be a single provision setting out when a local authority with responsibilities under section 117 of the Mental Health Act 1983 is required to assess a disabled child’s social care needs.

Do consultees agree?

Consultation Question 52.

We provisionally propose that guidance include a specific section – co-produced between local authority and NHS representatives – on the intersection between health care and social care. This should make the following clear.

  1. (1) How children with health care needs are to be identified (see further in this regard our provisional proposals regarding referral for assessment at paragraph 4.41).
  2.  
  3. (2) Local authority responsibilities to meet the health care needs of disabled children.
  4.  
  5. (3) NHS responsibilities to meet the health care needs of disabled children.
  6.  
  7. (4) Expectations for joint working and joint accountability where local authority and NHS responsibilities overlap in the meeting of such needs.
  8.  
  9. (5) Mechanisms for dispute resolution, including an expectation that “internal” disputes as between local authority and NHS organisations should not affect the meeting of the needs of the child in the interim.

Do consultees agree?