Will a parent with a physical disability or health problems be treated fairly by children’s services and others?

Parents and carers should always be treated fairly. There are different laws that come together to help make sure this happens.

Human rights

The Human Rights Act 1998 applies to all public authorities. That includes children’s services and the Family Court. This means they must take account of a person’s rights under the European Convention on Human Rights. This includes:

• Working with children and families in ways which are consistent with the right to respect for their family life
• Making sure their decision-making processes are fair and involve children and parents.

See our Children’s services page for more information about fair process and other principles that should guide the way children’s services work.

Equality and discrimination

If someone has a disability they are protected from discrimination by public bodies and other organisations providing services to the public. This protection is provided under the Equality Act 2010. This means children’s services and adult services cannot discriminate against a parent or carer because they have a disability.

Public bodies must make ‘reasonable adjustments’ when providing services to disabled people. This is to ensure they are not put at ‘substantial disadvantage’ (see section 20 of the Equality Act 2010). A substantial disadvantage is something more than just minor. This can include making adjustments in meetings to make sure a disabled person can fully take part. See Can a physically ill or disabled parent or carer get help from an advocate or supporter in meetings with children’s services?

All public bodies including adult services and children’s services have a duty to take positive action to protect and promote equality for disabled people. They should show that they have things in place to help prevent discrimination. They should promote equality in their policies and in the way they deliver services (see section 149 Equality Act 2010).

What is a reasonable adjustment will depend on the situation. And depend on the specific illness or disability. Common examples of reasonable adjustments include:

• Ramps and wheelchair access to premises
• Properly qualified interpreters, to enable the disabled person to use their language of choice
• Advocates for disabled parents
• Information being provided in an accessible format
• Equipment such as induction loops or large print information.

Where meetings are taking place remotely (online) proper arrangements should be put in place so a parent or carer can fully take part. Adjustments that may need to be considered include:

• The need for some in person support. Such as an interpreter or advocate
• Where in person support is not possible, for a separate virtual meeting space (‘break out room’). This allows the parent or carer to speak privately with any interpreter, advocate or supporter away from the main virtual meeting room
• Ensuring there is good IT support in place before the meeting.

Where there are Family Court proceedings, the court should be told at a very early stage if a parent has a physical illness or disability. This is the responsibility of the parent or carer’s solicitor. It will be important for the parent or carer to work with their solicitor to think through what may need to take part fully. At a hearing early on, the court should work through what support must be in place and how it is to be funded.

Definition of disability under the Equality Act

Section 6 of the Equality Act 2010 says a mental health condition will be a disability under the Act if the effect of the condition on the person’s day to day activity is:

• Substantial (more than small or minor)
• Long term (lasts 12 months or is likely to last that long. Or it is likely to recur)
• Adverse (negative).

Protecting and promoting equality

All public bodies including adult services and children’s services have a duty to take positive action to protect and promote equality for disabled people. They should show that they have things in place to help prevent discrimination. They should promote equality in their policies and in the way they deliver services (see section 149 Equality Act 2010).