Disabled children’s rights under spotlight at parliamentary inquiry

4 mins read

Tuesday 9 June 2026

This advice applies in England only.

Children and Families Minister Josh MacAlister has faced questions on the government’s support for disabled children.

Mr MacAlister took question at last week’s parliamentary inquiry into children’s human rights in the social care system.

During the oral evidence session, Lord Ashton, chair of the Joint Committee on Human Rights, read out a letter from Contact. Our letter reminded the minister that the Law Commission had described disabled children’s social care as “outdated, fragmented and discriminatory”.

Lord Ashton asked how the government’s Family Help programme would protect disabled children’s human rights and address the problems the Law Commission identified.

Watch the exchange below.

Strong, enforceable legal duties needed

Amanda Elliot, health and social care lead for Contact, said:

“We are grateful to the committee for putting this question to the minister. So far we have seen little commitment to reforming the legal framework for disabled children. These reforms are vital to ensure families get the right support free of parent blame.

“While the minister acknowledged parents regularly face judgement when asking for help, we are disappointed that he believes the Family Help programme will deliver a better deal for families. Family Help is positive, but it is no substitute for legal reform. There’s no evidence Family Help will make the law clearer, simpler, and fairer for our families. Only strong, enforceable legal duties will ensure disabled children get the help they are entitled to.”

Why we need law reform

Contact is campaigning for the government to implement the Law Commission’s recommendations for reforming disabled children’s social care. Good quality social care helps disabled children thrive and prevents families reaching crisis. But too many tell us the current system is failing them.

When families ask for help, they are often met with a safeguarding response instead of support tailored to their child’s needs. Others are denied help altogether or see hard‑won direct payments clawed back because they cannot find suitably-trained personal assistants. Many end up paying for essential care themselves.

The Law Commission’s 2025 report identified these long‑standing problems. It set out 40 recommendations to fix the legal framework, including:

• A single duty to meet the eligible social care needs of disabled children, based on national eligibility criteria.
• New statutory guidance for local authorities and families.
• A requirement that people assessing disabled children should have ‘the skills, knowledge and competence” to do so.

Disabled children’s social care reform still an afterthought

Despite the Law Commission’s clear blueprint for reform, disabled children and their families remain a policy afterthought:

• Disabled children and the Law Commission’s findings are missing from the government’s 2026–2029 Implementation Plan for children’s social care reform.
• The SEND White Paper barely mentions disabled children’s social care. Children need support outside as well as inside school to thrive and feel included.
• In his interim response, to the Law Commission, the Minister avoided committing to legal reform. He suggested that Family Help was already “delivering many of the [commission’s] intended outcomes.”

What the Minister said to the Joint Human Rights Committee

In answer to questioning by the committee, the Minister said:

• Family Help covers statutory provision including Section 17 of the Children Act.
• Targeted early help was also statutory, though the form it takes is “fairly loose” and varies between areas.
• Families of disabled children are too often met with a child protection response, leaving parents feeling judged rather than helped.
• The Government’s £2.4 billion Families First programme, and structural changes intended to separate Family Help from child protection, would make support “non‑stigmatising and genuinely helpful” for most families.
• Officials pointed to examples of good practice in pathfinder areas such as Wolverhampton, which they said were co‑designed with families.

What’s happening in Wolverhampton?

The Minister cited Wolverhampton as an example of good practice in disabled children’s social care. Wolverhampton is a Families First programme first wave pathfinder. Its SEND offer includes a sensory hub for children aged 0–five and parent drop‑ins.

We have written to the Minister to ask for more information on the pathfinder model, how it’s helping families with disabled children in the area, and the inclusion of parents in its design.

Help us keep up the pressure

Join us in calling on the government to accept the Law Commission’s proposals in full and without delay.

Use our template to email your MP and urge them to press the government to act.

The government will publish its final response to the Law Commission on 16 September 2026.

Share