Law Commission consultation on disabled children's social care law

Closes 20 Jan 2025

Chapter 7: Eligibility for services other than short breaks (Q 22-30)

Consultation Question 22.

We provisionally propose that there should be a single statutory duty to meet the social care needs of disabled children.

Do consultees agree?

Consultation Question 23.

We provisionally propose that the single statutory duty to meet the social care needs of disabled children should be subject to national eligibility criteria.

Do consultees agree?

Consultation Question 24.

We invite consultees’ views on what the essential features of any national eligibility criteria should be.

Consultation Question 25.

We invite local authority consultees to provide copies of any eligibility criteria they apply to disabled children’s social care.

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Consultation Question 26.

We provisionally propose that the single statutory duty to meet the social care needs of disabled children should take precedence over any other powers and duties which could be used to provide the services.

Do consultees agree?

Consultation Question 27.

We invite consultees’ views on the residence requirements that should apply to the single statutory duty to meet the social care needs of disabled children.

Consultation Question 28.

We invite consultees’ views on whether disabled facilities grants should be provided under the single statutory duty to meet the social care needs of disabled children.

Consultation Question 29.

We provisionally propose that there should be powers to meet needs:

(1)    that do not satisfy the national eligibility criteria; and

(2)    pending an assessment of needs.

Do consultees agree?

Consultation Question 30.

We provisionally propose that there should continue to be a power to meet the needs of parents and carers.

Do consultees agree?