It is ‘high time’ to axe outdated language and contradictory rules from laws on disabled children’s social care, the families minster has said.
The Law Commission was asked by the Government to review the laws in England and has launched a consultation today.
Children and families minister Janet Daby said: ‘It’s high time that outdated and offensive language and confusing and contradictory rules are axed from our legal system for good – saving social workers’ hugely valuable time, that can be better spent improving families’ experiences.’
The Law Commission agreed that much of the language about disabled children in the Children Act 1989 is offensive and said it does not capture the nuances of neurodiversity.
The statutory body said it would be fair to describe the current legal rules as a ‘system of baffling complexity’ that creates ‘additional tiring and frustrating work’.
Its consultation suggests taking legislation for disabled children out of section 17 of the Children Act and establishing a new legal framework for their social care.
It also asks whether there should be national eligibility criteria for disabled children’s social care, how disability should be defined, and what remedies should be available for children and families when things go wrong.
Public law commissioner Alison Young said: ‘The children who need help from social services have changed over time as our awareness and understanding of particular conditions has developed.
‘It is important for these children, their carers and those providing services that the law is fair, up to date and most importantly, simple to understand.’
