The document summarizes key laws and guidance related to securing care and support for disabled children and their families in the UK, including: - The Children Act 1989 outlines local authorities' duties to safeguard and promote the welfare of children in need. - The Community Care Services Act 1970 and Carers Acts specify services local authorities can provide to disabled children and their families. - Guidance like Working Together to Safeguard Children and the National Framework for Children and Young People's Continuing Care provide principles and timelines for assessments. - The Human Rights Act 1998 and European Convention on Human Rights protect rights that must be considered. - Legal challenges can be made regarding decisions through complaints procedures, ombudsmen, or

1. Securing care & support for disabled
children & their families-
A brief legal guide
Pushing the Boundaries
Liverpool 31st May 2013
www.pannone.com

2. • Securing Care & Support for Disabled
Children

3. CHILDREN ACT 1989
• Section 17
A general duty of every local authority to:
• Safeguard and promote the welfare of children within
their area who are in need and;
• Promote the upbringing of such children by their
families by providing a range and level of service
appropriate to those children’s needs.

4. CHILDREN ACT 1989
• Section 27
A duty on agencies to cooperate in the assessment, planning and provision
of services for children in need.
Duty upon:
• Any local authority.
• Any local education authority.
• Any local housing authority.
• Any health authority.

5. CHILDREN ACT 1989
• Schedule 2, paragraph 3
Assessment of a child in need can be undertaken at the
same time as any other assessment including assessments
under:
• The Chronically Sick and Disabled Persons Act 1970.
• The Education Act 1996.
• The Disabled Persons (Services, Consultation and
Representation) Act 1986.

6. Working Together to Safeguard Children
• HM Government Guidance March 2013.
• Principles underpinning the assessment framework.
• Are child centred:
• Are routed in child development:
• Are focused on action and outcomes for children:
• Ensure equality of opportunity:
• Involve children and families:
• Build on strengths as well as identify difficulties:
• Are integrated in approach:
• Are a continuing process not an event:
• Lead to action, including the provision and review of services:
• Are transparent and open to challenge.

7. Working Together to Safeguard Chilren
• Timescales for assessment:
• Within one working day of a referral – assess response required.
• Within a maximum of seven working days from referral – initial
assessment.
• Within a maximum of 45 working days from referral –
completion of an assessment of need.
• The importance of safeguarding.

8. COMMUNITY CARE SERVICES
• Section 2 Chronically Sick and Disabled Persons Act 1970
Services which a local authority can make available to disabled
children, including:
• Practical assistance in the home.
• Short breaks.
• Recreational facilities.
• Travel and other assistance.
• Home aids and adaptations.
• Holidays.
• Educational facilities.

9. CARERS SERVICES
• Section 1 Carers (Recognition and
Services)Act 1995
• Section 1 Carers & Disabled Children Act
2000.
• A Carer’s stand alone right to an
assessment of their needs.

10. HOUSING
• A duty to re-house children in need?
• The overlap between duties under the
Children Act 1989 and housing/homelessness
duties.
• R (on the application of AT, AG and HG)
v Islington LBC [2013] EWHC107
(Admin).

11. CONTINUING HEALTHCARE
• What is continuing care?
A continuing care package will be required when a child or young person
has needs arising from disability, accident or illness but can not be met by
existing universal specialist services alone (Department of Health
guidance).
• National Framework for Children and Young People’s Continuing
Care (Department of Health guidance 25th March 2010)
• Assessment tool kit (including the Decision Support Tool).
• The overlap with Services under the Children Act.

12. HUMAN RIGHTS
• European Convention on Human Rights 1953.
• Human Rights Act 1998.
• Section 6
It is unlawful for a public authority to act in a way which is incompatible with a Convention right
• Section 8
Judicial remedies: In relation to any act or proposed act of a public authority which the court
finds is, or would be, unlawful, it may grant relief or remedy as it considers just and appropriate.
Narrative: the concept of just satisfaction and compensation.

13. HUMAN RIGHTS
• Article 2: The right to life.
• Article 3: The prohibition of inhuman and
degrading treatment.
• Article 5: The prohibition of deprivation of liberty
without lawful authority.
• Article 8: The right to respect for privacy and
family life.
• Article 14: The prohibition of discrimination.

14. DIFFICULT TIMES
• Securing services in an age of budget cuts.
• The key procedures –
assessment, planning, budgeting and service
provision.
• The balance between resources and needs.
• R v Gloucestershire County Council ex parte
Barry (1997) 1CCLR40.
• R v Wigan MBC ex parte Tammadge (1998)
1CCLR581.

15. CHALLENGING DECISIONS
• Local authority complaints procedure.
• NHS complaints procedure.
• Local Government Ombudsman.
• Health Service Ombudsman.
• Judicial Review.
A remedy of last resort.

16. LEGAL AID
• Significant changes in April 2013.
• Legal aid, sentencing and punishment of Offenders Act 2012.
• The loss of legal aid in relation to welfare
benefits, debt, clinical negligence and some areas of family
law.
• The retention of protection for vulnerable children via:
• Community Care Law.
• Public Law
• Education Law
• Equalities Law

17. THE WAY FORWARD
• Paint a clear picture.
• Press the issues and arguments.
• Always obtain key documentation.
• Never underestimate your importance.
• The law is there for a reason.
• Chin up.

18. Richard Copson
Disability Rights and Public Law Unit
Pannone LLP
Direct Tel: 0161 909 4966
Email: richard.copson@pannone.co.uk
123 Deansgate, Manchester, M3 2BU
www.pannone.com