Skip to main content
Home
Menu Close

Utility menu

  • Why join BASW
  • Events
  • Media Centre

Popular on BASW

Campaigning and influencing
World social work day
Social work stands against poverty
People with lived experience
Career stages
Cost of living crisis

Main navigation

  • About social work
    • What is social work?
    • Topics in social work
    • Professional Social Work (PSW) Magazine
  • Careers
    • Become a social worker
    • Returning to social work
    • For employers
    • Specialisms
    • Career stages
    • Jobs board
    • Work for BASW
  • About BASW
    • Campaigning and influencing
    • Governance
    • Social work around the UK
    • Awards
    • Social work conferences UK
    • International Work
    • Feedback, suggestions & complaints
  • Training & CPD
    • Professional Development
    • Professional Capabilities Framework
    • Let's Talk Social Work Podcast
  • Policy & Practice
    • Resources
    • National policies
    • Equality, Diversity, and Inclusion
    • Working with...
    • Research and knowledge
    • Standards
  • Support
    • Advice & representation
    • Social Workers Union (SWU)
    • Social Work Professional Support Service (SWPSS)
    • Independent social workers
    • Student Hub
    • Financial support
    • Groups and networks
    • Membership renewals
    • How to contact us
Professional Social Work Magazine

Professional Social Work Magazine (PSW)

Main navigation

  • Digital editions
  • Guidance for contributors
  • PSW articles
  • Advertising

Complex and outdated laws governing social care for disabled children to be overhauled

Social workers called to respond to major consultation seeking to replace 50-year-old legislation
learning disabilities

Social workers are being urged to contribute to a consultation that could result in a new legal framework for practice with disabled children in England.

The Law Commission says current laws are outdated, over-complex, potentially unfair and difficult for parents and carers to navigate.

It is urging social workers and others to respond to a consultation which ends on 20 January.

The main law governing support for disabled children is section 2 of the Chronically Sick and Disabled Person’s Act 1970.

Launching the review, minister for children and families Janet Daby said: “I’ve spent over a decade as a social worker, so I know how important it is that we get the legal framework right for disabled children and their families. 

 “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.” 

An example of offensive language is the use of the term “handicapped” within section 17 of the Children Act 1989.

The consultation is expected to recommend a new legal framework to replace a “patchwork of legislation” currently governing social care for disabled children.

It will also look at reforming assessments; eligibility; how services are provided; transition to adult social care; the definition of disability and advocacy and participation.

The “postcode lottery” of eligibility that forces some parents to move to a different local authority area to access better support will be investigated too.

The commission said: “Whether a disabled child is eligible for help from social services depends on where they live in the country. This is because local authorities are allowed to draw up their own eligibility criteria.”

Another area to be looked at is concern raised by parents that assessments too often focus more on safeguarding risks than providing support. The Independent Review of Children's Social Care noted that families of disabled children felt “they are navigating a system that is set up for child protection, not support”.

Social work reaction

Birgit Forster, a social work lecturer at Birmingham City University, said an overhaul of the SEND legal framework was “long overdue” and must tackle the “systemic discrimination” of the postcode lottery.

She added: “New legislation should strengthen early help provision across the board and link this strongly to impartial advise, advocacy and support.  

“From my experience in practice the system is very risk averse, and this could be avoided by supporting children and families early on, if organisation have the right resources.”

Sarah Goff, from BASW England’s children and families group, said: “This consultation concerns all of us as social workers, not just disability specialists. Disability should not be seen as a separate specialism; we all need to understand the issues for disabled children and their families and carers.”

She added many children with special educational needs do not receive social care support until they are in major crisis.

“The majority are within mainstream education and these families often feel unheard, face long delays for assessments and do not receive help when they have that diagnosis.”

June Thoburn, emeritus professor in social work at the University of East Anglia, questioned whether new legislation was the answer to existing problems.

“What is needed can be achieved by additional or improved guidance about service delivery for disabled children and their families and training and strengthened advocacy services.”

A similar point was made by Evelyn Armstrong, a mother of a child with special educational needs interviewed by PSW two years ago. She said: “The system we currently have is brilliant – if it is adhered to.

“When the Children and Families Act 2014 and the SEND Regulation 2015 and the Code of Practice were put together, they were supposed to be three fantastic documents that would help a child. The problem we have is that local authorities, educational settings, social care and health departments are not adhering to the code of practice and the regulations.”

You can respond directly to the consultation here or share your views with BASW here before 20 January

Date published
2 December 2024

Join us for amazing benefits

Become a member

Have a question?

Contact us

BASW: By your side, every step of the way

British Association of Social Workers is a company limited by guarantee, registered in England. 

Company number: 00982041

Wellesley House, 37 Waterloo Street, 
Birmingham, B2 5PP
+44 (0) 121 622 3911

Contact us

Follow us

Copyright ©2023 British Association of Social Workers | Site by Agile Collective | Privacy Policy

  • About social work
    • What is social work?
      • What social workers do
      • People with lived experience
      • Regulators & professional registration
      • World Social Work Day
    • Topics in social work
    • Professional Social Work (PSW) Magazine
      • Digital editions
      • Guidance for contributors
      • PSW articles
      • Advertising
  • Careers
    • Become a social worker
    • Returning to social work
    • For employers
    • Specialisms
    • Career stages
      • Self-Employed Social Workers
        • Your tax affairs working through umbrella service companies
      • Agency and locum social work
    • Jobs board
    • Work for BASW
      • BASW Council vacancies
      • Finance & Organisational Development Committee members
  • About BASW
    • Campaigning and influencing
      • Artificial Intelligence (AI) in Social Work
      • BASW in Westminster
      • General Election 2024
      • Relationship-based practice
      • Social Work Stands Against Poverty
      • This Week in Westminster | Blog Series
      • UK Covid Inquiry
      • Professional working conditions
      • Housing & Homelessness
    • Governance
      • BASW AGM and general meetings
        • 2025 Annual General Meeting (AGM)
        • BASW GM 2025
        • Previous BASW AGMs
      • BASW Council
        • BASW Council biographies
        • BASW Council voting 2025
        • Vacancies on Council and committees 2025
      • Staff
      • Committees
      • BASW and SWU
      • Our history
      • 50 years
      • Special interest, thematic groups and experts
      • Nations
    • Social work around the UK
      • BASW Cymru
        • BASW Cymru Annual Conference 2024
        • Campaigns
      • BASW England
        • Campaigns
          • Homes Not Hospitals
          • Social Work in Disasters
          • 80-20 campaign
          • Review of Children’s Social Care
        • Meet the Team
          • BASW England Welcome Events
        • Our Services
          • Mentoring Service | BASW England
        • Social Work England
      • BASW Northern Ireland
        • About Us
        • Consultation responses
        • Find out about the BASW NI National Standing Committee
        • Political engagement
        • BASW NI & IASW's associate membership
        • BASW NI and Queen’s University Belfast launch affiliate membership
      • SASW (BASW in Scotland)
        • About Us
        • Mental Health Officer's Conference 2025
        • Our Work
          • Cross-Party Group on Social Work (Scotland)
          • Social Work Policy Panel
          • Equality, Diversity, and Inclusion
          • Supporting refugees
          • Campaigns
        • Coalitions & Partnerships
        • Get Involved
    • Awards
      • Amazing Social Workers
        • Amazing Social Workers profiles: Week 1
        • Amazing Social Workers profiles: Week 2
        • Amazing Social Workers profiles: Week 3
        • Amazing Social Workers profiles: Week 4
        • Amazing Social Workers profiles: Week 5
      • The BASW Social Work Journalism Awards
    • Social work conferences UK
      • BASW UK Student Conference 2025
      • Social work conference programme
      • The UK Social Work Conference 2025
        • Tickets and booking
        • Programme
        • Online programme
        • Speakers
        • BASW UK conference poster exhibition
        • Exhibitors
        • Venue and travel
        • Programme
    • International Work
      • Israel and Palestine/Gaza conflict | BASW/SWU Information Hub
      • IFSW and other international social work organisations
      • Influencing social work policy in the Commonwealth
      • Invasion of Ukraine | BASW Information Hub
    • Feedback, suggestions & complaints
  • Training & CPD
    • Professional Development
      • General Taught Skills Programme
      • Student Learning
      • Newly Qualified Social Worker Programme
      • Practice Educator & Assessor Programme
      • Stepping Stones Programme
      • Expert Insight Series
      • Social Work in Disasters online training
        • Module 1: Introduction to Social Work in Disasters (Online training)
        • Module 2: Law, Policy and Best Practice (Social Work In Disasters Training)
        • Module 3: Person-centred and research informed practice within a multi-agency context (Social Work in Disasters Online Training)
        • Module 4: Responding, using theory and self-care (Social Work in Disasters Online Training)
      • Overseas Qualified Social Worker (OQSW) Programme
    • Professional Capabilities Framework
      • About the PCF
      • Point of entry to training
      • Readiness for practice
      • End of first placement
      • End of last placement
      • Newly qualified social worker (ASYE level)
      • Social worker
      • Experienced social worker
      • Advanced social worker
      • Strategic social worker
    • Let's Talk Social Work Podcast
  • Policy & Practice
    • Resources
    • National policies
    • Equality, Diversity, and Inclusion
    • Working with...
      • Older people
        • Learning resources
        • Useful resources to support social work capabilities with older people
      • Autistic people
        • An introduction to the Capability Statement
        • Capabilities Statement and CPD Pathway: Resources
          • Autistic adults toolkit
            • Autistic adults toolkit introduction
            • Feedback tool
            • Induction tool
            • Introduction to video: Sylvia Stanway - Autistic not broken
            • References
            • Reflective tool
            • The role of the social worker with autistic adults
            • Top tips
          • Organisational self-assessment tool
          • Post-qualifying training programmes
        • The Capabilities Statement for Social Work with Autistic Adults
      • People with learning disabilities
        • Introduction
        • Capabilities Statement and CPD Pathway: Resources
          • People with learning disabilities toolkit
            • People with learning disabilities toolkit introduction
            • Information sheet
            • Top tips
            • Induction tool
            • Reflective tool
            • References
            • Hair tool
          • Organisational self-assessment tool
          • Post-qualifying training programmes
        • The Capabilities for Social Work with Adults who have Learning Disability
    • Research and knowledge
      • Research journals
      • BASW bookshop
    • Standards
      • Code of Ethics
        • BASW Code of Ethics: Launch of 2021 refreshed version webinar
      • Practice Educator Professional Standards (PEPS)
      • Quality Assurance in Practice Learning (QAPL)
  • Support
    • Advice & representation
    • Insurance Cover
    • Social Workers Union (SWU)
    • Social Work Professional Support Service (SWPSS)
      • Become a volunteer coach (SWPSS)
    • Independent social workers
      • Independent member benefits
      • BASW Independents Toolkit
        • Section 1: Foundations for Independent Social Work
        • Section 2: Doing Independent Social Work
        • Section 3: Running your business
        • Section 4: Decisions and transitions
      • BASW Independents directory
      • Independents digital toolkit
      • Social Work Employment Services (SWES)
    • Student Hub
      • BASW Student Ambassador Scheme
    • Financial support
      • International Development Fund (IDF)
    • Groups and networks
      • Special interest groups
        • Alcohol and other drugs Special Interest Group
        • BASW Neurodivergent Social Workers Special Interest Group (NSW SIG)
        • Family Group Conferencing (FGC)
        • Project Group on Assisted Reproduction (PROGAR)
        • The Diaspora special interest group
      • Special Interest Group on Social Work & Ageing
      • Independents local networks
      • Local branches (England)
      • Groups and forums (Scotland)
      • Thematic groups (England)
        • Black & Ethnic Minority Professionals Symposium (BPS)
        • Children & Families Group
          • Children & Families Resources Library
          • Disabled Children's Sub-group
        • Criminal Justice Group
        • Emergency Duty Team Group
        • Mental Health Group
        • Professional Capabilities and Development Group
        • Social Work with Adults Group
        • Student & Newly Qualified Group
        • Social Workers in Health Group
      • Communities of Practice (Northern Ireland)
      • Networks (Wales)
    • Membership renewals
    • How to contact us
  • Why join BASW
    • Benefits of joining BASW
      • The BASW UK University Social Work Education Provider Affiliation Scheme
    • Membership Categories
      • Student member
      • Working (qualified less than 5 years) Membership
      • Working (qualified more than 5 years) Membership
      • Independent membership
      • Newly qualified social worker
      • Retired membership
      • Unemployed/unpaid membership
    • Membership FAQs
    • Membership renewals
    • Membership fees
  • Events
  • Media Centre
    • BASW in the media
    • BASW News and blogs