The definition was established at a time when awareness of neurological conditions was limited
The Law Commission in the UK has launched a consultation, highlighting the need for reform in how disabled children are defined in law.
The Law Society Gazette reported that the current legal definition, which dates back decades, has been deemed outdated, offensive, and insufficient to capture the complexities of neurodiversity.
Under the existing legislation, a disabled child is defined as someone who is "blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity." The Law Commission noted that this definition was established after the second world war, at a time when awareness of neurological conditions, such as autism, was limited.
The commission emphasized that this antiquated definition does not adequately reflect the current understanding of disabilities and neurodiverse conditions. In addition, it pointed out that the law is potentially unfair, as it permits children in similar circumstances to be treated differently depending on where they live. The eligibility criteria for accessing services vary from one local authority to another, which means a child might qualify for support in one area but not in another.
“The law requires local authorities to make the arrangements necessary to meet the needs of disabled children,” the consultation paper states. “But whether the child is able to access services depends on the eligibility criteria the local authority has adopted, taking into account their budgetary constraints.”
The commission’s consultation seeks views on a range of issues, including how disability should be defined and how to establish a new legal framework for disabled children’s social care. It also aims to gather feedback on potential remedies for families when care falls short.
“The children who need help from social services have changed over time as our awareness and understanding of particular conditions has developed. It is important for these children, their carers, and those providing services that the law is fair, up to date, and most importantly, simple to understand,” said Professor Alison Young, Public Law Commissioner.
The consultation will remain open until January 20, 2025, with the commission inviting feedback from all those with experience in the field before final recommendations are made.
