Children Act 1989, Schedule 2, paragraph 6

Provision for disabled children

SCHEDULE 2 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

6 [F1192 (1)F1192] Every local authority shall provide services designed—

(a) F1193to minimise the effect on disabled children within their area of their disabilities; ...

(b) to give such children the opportunity to lead lives which are as normal as possible [F1194; and

(c) to assist individuals who provide care for such children to continue to do so, or to do so more effectively, by giving them breaks from caring.F1194]

[F1195 (2) The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the [F1196 Secretary of StateF1196] .F1195]

Definitions used in Schedule 2, paragraph 6 4

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act
disabled

“disabled”, in relation to a child, has the same meaning as in section 17(11);

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act

Cases considering Schedule 2, paragraph 6 14

FC & Anor, R (on the application of) v Bristol City Council

[2025] EWHC 3227 (Admin) · 11 December 2025

Applies the duty to provide services for disabled children that minimise the effects of disability, promote as normal a life as possible and assist carers to continue caring or do so more effectively. (see paras [72], [89])

DAT & Anor, R (on the application of) v West Berkshire Council

[2016] EWHC 1876 (Admin) · 22 July 2016

Uses paragraph 6 of Schedule 2 as the statutory benchmark against which the reduced short-break provision had to be considered. (see para [54]) Applies paragraph 6(1) as imposing the duty to provide services designed to assist carers of disabled children to continue caring or to do so more effectively. (see paras [25]; [54]) Applies paragraph 6(1)(c) as requiring services giving carers breaks from caring for disabled children. The Council had to consider the effect of reducing provision against that duty. (see paras [25]; [54]) Confirms that the paragraph 6(1)(c) duty must be performed in accordance with regulations made by the Secretary of State. (see para [25])

MM, R (on the application of) v London Borough of Hounslow

[2015] EWHC 3731 (Admin) · 18 December 2015

The judgment applies the duty to provide services assisting carers of disabled children to continue caring or care more effectively by receiving breaks. It holds that the duty is general rather than an individual entitlement to particular services. (see para [43])

What each judgment says about Schedule 2, paragraph 6 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1192Sch. 2 para. 6(1): Sch. 2 para. 6 renumbered as Sch. 2 para. 6(1) (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(2), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  2. F1193Word in Sch. 2 para. 6(1) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2012/1553, art. 2(e)
  3. F1194Sch. 2 para. 6(1)(c) and word inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(3), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  4. F1195Sch. 2 para. 6(2) inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. in so far as not already in force, 19.6.2012 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 25(4), 44(4); S.I. 2009/2273, art. 2(2)(h); S.I. 2010/1329, art. 2(j); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  5. F1196Words in Sch. 2 para. 6(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 109

Commencement

  1. I113Sch. 2 Pt. I para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)