In producing this Practice Guide, we have referred to a number of overarching legislative frameworks. We understand that legislation relating to disabled children can be complex in nature.

At the time of writing, these legal frameworks are subject to an ongoing review by The Law Commission.

Below we provide a summary of key legislative frameworks and direct readers to the publications at the bottom of the paper and to the links to the primary sources for more detail.

Children and Families Act 2014, part 3

• Section 30 requires local authorities to publish and review a SEN and disability local offer
• Section 19 requires local authorities to have regard to the views, wishes and feelings of children and their parents, or young people
• Section 25 aims to promote integration between education, health and social care provision
• Section 26 of the Act requires local authorities and ‘partner commissioning bodies’ to make joint commissioning arrangements. The purpose of the joint commissioning arrangements is to plan and jointly commission the education, health and care assessments and provision specified in EHC plans for disabled children or young people and those with special educational needs (SEN) up to age 25.

Find out more about the Children and Families Act 2014, part 3.

Equality Act 2010, section 6

Under section 6(1) of the Act, a person has a disability if they have ‘a physical or mental impairment’ and that impairment ‘has a substantial and long-term adverse effect’ on the person’s ‘ability to carry out normal day-to-day activities.

Find out more about the Equality Act 2010, section 6.

Children Act 1989, section 17

All disabled children are automatically Children in Need under section 17(10) of the Children Act 1989.

Section 17(1) places a general duty on local authorities to provide a range and level of services to meet the needs of ‘children in need’ if:

1. He is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
2. His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
3. He is disabled.

Find out more about the Children Act 1989, section 17.

Chronically Sick and Disabled Persons Act 1970, section 2

This Act requires local authorities to provide a range of specified services to support disabled children and their families.

Section 2 places a specific duty on local authorities to provide one (or more) of those services to a disabled child if the local authority accepts (via an assessment) that the service is ‘necessary’ to meet the needs of that child. Those services are defined in broad categories and include:

• Practical assistance in the home
• Home-based short breaks
• Access to recreational and educational facilities in the community, which may include community-based short breaks services
• Help with travel to access facilities in the community
• Adaptations to the child’s home
• Help with the cost (or provision) of holidays, meals and/or telephones or other communication devices.¹

The broad range of services available under section 2 means that most social care services for disabled children are provided under the Chronically Sick and Disabled Persons Act 1970.²

Find out more about the Chronically Sick and Disabled Persons Act 1970, section 2.

Wider parameters

European Convention on Human Rights

Notably Article 8: the right to respect for family, home and private life.

UN Convention on the Rights of the Child (UNCRC)

Notably Article 23: disabled children should enjoy ‘full and decent’ lives. It further recognises the right of disabled children to ‘special care’. Such support is to be provided to disabled children free of charge where possible, subject to resources. The aim of such support should be to allow every child to achieve ‘the fullest possible social integration and individual development’.

UN Convention on the Rights of Persons with Disabilities (UNCRPD)

Notably Article 7:

1. Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realise that right.

Further reading

• Disabled Children’s Social Care: Frontline Briefing (2025) | Research in Practice
• Disabled Children Legal Handbook-final-Understanding disabled children lives Chapter 1.pdf
• Disabled Children Legal Handbook-final-Legal Fundamentals-Chapter 2.pdf.

1. See: Broach & Clements, 2020, pp. 113–118 ↩︎
2. See: Broach & Clements, 2020, p. 111 ↩︎