Obtaining an Assessment for Children with Disabilities

As an Independent Social Worker and the founder of Imara Social Work, I frequently hear about the systemic hurdles families face when trying to access essential support. Often, the first and most frustrating barrier is the 'threshold' argument. Families may find that they supposedly do not meet the criteria for an assessment, or for subsequent services. These are two distinct things; this article will focus on the threshold for a social care assessment.

Your child is not entitled to an assessment

The threshold for an assessment often becomes an issue when a child and their family knock on the door of social care, only to be turned away. Effectively, they are denied the opportunity to share their difficulties, see if they are eligible for support and discover what help might be available.

This should be a straightforward issue to address. The Children Act 1989 dictates that it is the general duty of the Local Authority (LA) to safeguard and promote the welfare of children who are 'in need'. But who qualifies as 'in need'? For disabled children, this conversation should be brief: the law automatically defines a disabled child as a 'child in need' under Section 17(10)(c) of the Act. This should ensure an easy route of access.

However, while this appears simple, nuances exist in practice - particularly regarding how LAs apply the classification of 'disabled'. To understand this, we must refer to the definition provided by the Children Act 1983. Firstly, it is important to highlight that the language is outdated and while the Law Commission has recommended updating this definition to align with the Equality Act 2010 and therefore also SEND Law - a welcome move - the current Section 17 definition remains the legal standard. It states:

"...a child is disabled if he 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".

But what does this mean in today’s world? Focusing on the term 'mental disorder' is important. Its definition, found in the Mental Health Act 1983, encompasses 'any disorder or disability of the mind', which includes conditions such as Autism and ADHD. I flag this because it is not uncommon for parents to be told that their child is "not disabled" or "not severe enough".

In fact, research by Cerebra (2021) showed that 44% of councils were adopting some form of 'autism plus' policy. This is where a child is required to have a second condition, such as a learning disability, to qualify for an assessment. This is highly problematic for children with autism, where a third do not have a learning disability but still face significant challenges with daily living. These difficulties may manifest in poor adaptive and self-care skills, difficulties with executive functioning (such as problem solving, planning and organisation), and struggles with interpreting and managing everyday risks, emotions, communication, and social situations. It is an approach based on diagnostic labels rather than actual need, and it is simply unlawful.

Additionally, families may be denied assessments because they are told they must access 'Early Help' or a parenting course first, akin to a graduated scheme. This is also incorrect. Early Help programmes can be useful but it is not a prerequisite for a statutory assessment and children with disabilities should not be denied an assessment on these grounds.

In summary, accessing an assessment should, theoretically, be an easy hurdle to overcome however if it becomes a sticking point, please do not walk away. A flat "no" should raise alarm bells and be challenged because a lack of early intervention often leads to escalating needs and avoidable crises. Ultimately, the threshold for an assessment is a low bar, regardless of whether a child has a formal medical diagnosis or not.

The Law Commission has undertaken a review of social care services for children with disabilities, so there may be change on the horizon. This would be the most substantial set of reforms for disabled children’s social care law since the Children Act 1989 - so we eagerly await the governments interim response, due in March 2026.

If you are a family or professional navigating these challenges and require an Independent Social Worker, please visit imarasocialwork.com to find out more about how I may be able to support you.

References

• Cerebra (2021) The ‘Autism Plus’ Report: Research into Local Authority policies that restrict access to social care assessments for children with autism. Carmarthen: Cerebra.
• Children Act 1989, c. 41. London: HMSO.
• Law Commission (2025) Disabled Children’s Social Care: Final Report. (Law Com No 416). London: Law Commission.
• Mental Health Act 1983, c. 20. London: HMSO.

Disclaimer: Please note that this article is intended for informational purposes only and reflects the personal opinions and observations of the author. While every effort has been made to ensure the accuracy of information regarding references, reports, statutory frameworks, legislation and policies, these should not be relied upon as a substitute for individual research, for your own specific purposes. If you are seeking support or challenging a decision regarding social care, you should consult a qualified legal professional.

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