MPs and peers back call for disabled children’s social care reform to end postcode lottery

MPs and peers have called for a national criteria for disabled children’s social care to end a postcode lottery in the support families receive.

Parliament’s Joint Committee on Human Rights (JCHR) said the current laws on disabled children’s social care are complicated and inconsistent. It backed many of the changes previously proposed by the Law Commission, including a legal right to an assessment and better recognition of neurodivergent children.

The report is an important intervention. It reflects concerns that families, charities and campaigners have raised for years and strengthens the case for the Government to deliver meaningful reform.

Why change is needed

A Law Commission review of disabled children’s social care in September 2025 found the law had become increasingly complicated and inaccessible, with families potentially receiving different levels of support depending on where they live.

It recommended significant changes intended to make the system clearer, simpler and fairer.

These included bringing the law governing disabled children’s social care into a simplified framework within the Children Act 1989, introducing comprehensive statutory guidance and updating the legal definition of disability.

The Law Commission also recommended moving towards national eligibility criteria for support, giving disabled children express rights to request an assessment and strengthening their ability to participate in decisions about their care.

MPs support reform of disabled children’s social care

As well as raising concerns about navigating inconsistent criteria to secure support, the JCHR report also highlighted the experiences of families who feel that asking for help can result in them being viewed through a safeguarding or child protection lens, rather than being supported to meet their child’s needs.

The Committee supports reforms including clearer statutory guidance, an updated definition of disability, a clear right to an assessment and the introduction of national eligibility criteria.

It has also called for greater recognition of neurodivergent children within assessments and stronger protections to ensure children can participate in decisions that affect them.

While the Committee did not explicitly endorse the Law Commission’s recommendation for a simplified and unified legal framework within the Children Act 1989, its support for many of the substantive proposals sends a clear message: the current system needs to change.

Support should not depend on where a family lives

As well as providing families with greater clarity about the support they are entitled to, reforms should also address the wider issue about how families are treated when they ask for help.

Social care should provide support to disabled children and their families when they need it. Families should not feel blamed or viewed with suspicion simply because they have asked their local authority for assistance.

A clearer and more supportive system could help families access appropriate services earlier, rather than leaving them struggling to navigate a complex system.

Backing Contact’s campaign

The charity Contact, which supports families with disabled children, has been campaigning for reform of disabled children’s social care and gave evidence to the JCHR’s inquiry.

Following the publication of the Committee’s report, Contact is encouraging people to write to their MP and ask them to support reform.

The Government is considering the Law Commission’s recommendations and now has an opportunity to respond to the concerns raised by families, campaigners and Parliament.

You can read more about the JCHR report and support Contact’s campaign by writing to your MP here.

The case for change has been made clearly. The Law Commission has set out detailed proposals for reform and the JCHR has now added significant parliamentary support to many of those recommendations.

The Government should use this opportunity to create a social care system that is clearer, fairer and works better for disabled children and their families.