A very welcome report
A Report from the Joint Committee on Human Rights[1] has been published concerning the Human Rights of Children in the Social Care System. The report strongly endorses the Law Commission’s 2025 final report on Disabled Children’s Social Care and indeed goes further.
While there is a need for law reform, this will take time. 2021 research identified the immediate need for changes to the government’s ‘Working Together’ guidance – creating as it does a ‘one-size-fits-all’ template for assessments. This means that assessments of the needs of disabled children and their families are undertaken in the same way as assessments concerning children for whom there is cogent evidence of abuse or neglect. This has long been a concern, but successive governments have failed to amend the guidance – despite the mounting evidence of the resultant trauma experienced by disabled children and their families. Over the years governments have, however, amended various iterations of the guidance – something that can be done (and routinely is done) with the minimum of delay.
The Joint Committee report addresses the need for action head on, stating (para 63):
conducting assessments of disabled children’s needs only through a child protection lens, rather than a support lens, can lead to the stigmatisation of carers and the failure to provide adequate support to children who might need it. The government must work with local authorities to ensure the single statutory guidance clearly sets out how to effectively conduct assessments, with expected practice standards for supporting all disabled children, striking the correct and consistent balance between child protection and support.
The English Government is currently consulting on amendments to the ‘Working Together’ guidance and in response a number of organisations, researchers and practitioners are calling on it:
to amend Working Together to Safeguard Children 2026 to clarify that where a referral concerning a disabled child contains no indication of abuse, neglect, or other safeguarding concerns, the family should receive a distinct, support-led assessment under section 17 of the Children Act 1989.
The online consultation questionnaire (which can be accessed by clicking here) closes on 4th September 2026. It is only seeking responses to a limited number of questions, but there is scope `(when responding) of adding the need for amendment along the above lines.
The Human Rights Committee report is an excellent document and deserves reading in full. In relation to the needs of disabled children, its recommendations (at pages 99-100) are as follows:
- The disabled children’s social care framework is complex and difficult to navigate. In line with the Law Commission’s recommendations, we agree that there should be a single, comprehensive piece of statutory guidance on disabled children’s social care law, clearly setting out rights and responsibilities of disabled children, families, and local authorities. This guidance should be produced in consultation with local authorities, disabled children, their families and their carers, as well as sector organisations and experts in the field.
- We agree with the Law Commission: the definition of disability in the Children Act 1989 is outdated. It contains stigmatising language and it does not match modern definitions of disability used in other areas of law. The definition should be modernised and made more inclusive by using the language of the Equality Act 2010, in line with the proposals of the Law Commission. (Recommendation, Paragraph 52).
- To ensure that disabled children and their families are aware that they are entitled to an assessment of their needs, the duty on local authorities to provide one should be clear and explicit. We agree with the Law Commission’s recommendation to introduce a single duty to assess the social care needs of disabled children, arising where it appears to the local authority that a child is disabled and may have needs for care and support resulting from their disability. The single statutory guidance for disabled children’s social care should clarify the rights and duties in relation to these
assessments. (Recommendation, Paragraph 58) - Assessments of children’s needs must also effectively identify neurodivergence, and must lead to the provision of adequate support to meet the needs of neurodivergent children. (Recommendation, Paragraph 59)
- Ensuring that disabled children are safe from harm is, of course, extremely important. In some circumstances, such as where there is evidence of risk of harm or abuse to the child, a child protection approach may be appropriate and, indeed, necessary. (Conclusion, Paragraph 62)
- However, conducting assessments of disabled children’s needs only through a child protection lens, rather than a support lens, can lead to the stigmatisation of carers and the failure to provide adequate support to children who might need it. The government must work with local authorities to ensure the single statutory guidance clearly sets out how to effectively conduct assessments, with expected practice standards for supporting all disabled children, striking the correct and consistent balance between child protection and support. (Recommendation, Paragraph 63)
- The lack of national eligibility criteria for the provision of support to disabled children means that some children are able to receive the support they need while others with similar needs are unable to receive support simply because of where they live. We support the Law Commission’s recommendation for the introduction of national eligibility criteria to assess the support that disabled children require. (Recommendation, Paragraph 68)
- In introducing national eligibility criteria, the government must consult widely with children, their families and their carers, and local authorities as well as sector organisations and experts in the field, to ensure that the criteria adequately meet the needs of disabled children. In order to do so, it is imperative that significantly more data is collected in relation to how disabled children are assessed. Adequate funding and guidance should also be made available to ensure the correct application of the eligibility criteria once they are in place. (Recommendation, Paragraph 69).
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[1] Joint Committee on Human Rights Human Rights of Children in the Social Care System in England Second Report of Session 2026–27 HC 161 27 August 2026.
Posted 30 August 2026.