Template letter 2 - Challenging a local authority’s failure to secure sufficient childcare for disabled children

Sep 1, 2026

Template letter 2 addresses concerns about a local authority failing to ensure sufficient childcare provision for families with disabled children. It references difficulties highlighted by a Parliamentary Inquiry, including limited access to the free 15 hours of early education and childcare. The letter cites statutory duties under the Childcare Act 2006, the Children and Families Act 2014, the Children Act 1989, and the Equality Act 2010, requesting detailed responses, data, and the most recent reporting to elected Members.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages2

Reading Time1 min

AccessFree to download

Letter details

Concern and background

Legal duties and requested responses

Equality duty and local offer

Reporting to elected Members

Closing and next steps

Template letter 2 – challenging a local authority’s failure to make sure there is enough childcare provision in its area. [ADDRESS OF LOCAL GROUP / FAMILY] [DATE] [NAME OF DIRECTOR COUNCIL ADDRESS] Dear Mr / Mrs [Name], I am writing on behalf of [my family/name of local group] to express concern about the failure by our local authority to secure sufficient childcare services for families with disabled children. Childcare is essential in the modern world for all families, including families with disabled children. Yet the recent Parliamentary Inquiry into childcare for disabled children found that the vast majority of parents said that accessing childcare for disabled children is more difficult than for non-disabled children. In particular, 41% of parent carers who responded to the Inquiry’s survey said their children did not access the full 15 hours of the free entitlement for early education and childcare for three and four year olds. In our area there are particular problems with accessing childcare for disabled children. [Write a summary of these problems – for example, that many parents of pre-school children cannot identify any appropriate childcare and so children are unable to benefit from the free offer]. We are aware that under Section 6 of the Childcare Act 2006, the local authority has a duty to ensure that there is sufficient childcare for parents who work or want to work, and that for disabled children this duty extends up to 18. Further, under section 8 of this Act the local authority has a power to provide financial assistance to childcare providers which could be used to meet the additional costs associated with childcare for disabled children. Please can you respond to this letter confirming how the local authority is meeting the duties to provide childcare to disabled children under the Childcare Act 2006, and also addressing the following questions relating to other relevant duties: How the local authority has considered the extent to which childcare provision is sufficient to meet the needs of children and young people in our area (Children and Families Act 2014 section 27). Please provide us in particular with: a. The data you have on the number of disabled children in our area b. The assessment of the level of childcare provision for disabled children in our area c. The analysis which shows that the level of provision is sufficient to meet the needs of families with disabled children in our area. How the authority has met its duty to provide day care for children ‘in need’ who are aged five or under and not yet attending schools (Children Act 1989 section 18). As you will be aware, all disabled children are children ‘in need’. How the authority has complied with the ‘Public Sector Equality Duty’ under section 149 of the Equality Act 2010, in particular how ‘due regard’ has been paid to the need to advance equality of opportunity for disabled children in relation to access to childcare. Please also confirm where the ‘local offer’ published under the Children and Families Act 2014 sets out ‘sources of information, advice and support…about childcare for children with special educational needs or a disability’. [Delete this if the group is able quickly to find childcare information on the local offer website]. Finally, please provide us with the most recent report to elected Members on how the authority is meeting its duty to secure sufficient childcare, as required by the statutory guidance issued by the Department of Education in September 2014 at para B.3. Please also highlight where in this report childcare for disabled children is addressed, as the guidance requires. We consider that the provision of childcare for disabled children in our area falls far below that which is reasonably required to help parents to work. As such, it seems to us that the local authority may be in breach of the duties set out above, and also the rights protected by Articles 8 and 14 of, and Article 2 of the First Protocol to,

FAQs

What problem does the letter raise about childcare for disabled children?

The letter states that the local authority is not securing sufficient childcare services for families with disabled children, making access more difficult than for non-disabled children.

Which legal duties does the letter reference when requesting an explanation?

It cites duties under the Childcare Act 2006 (including support for additional childcare costs) and requests information linked to the Children and Families Act 2014, the Children Act 1989, and the Public Sector Equality Duty under the Equality Act 2010.

What specific information does the letter ask the authority to provide?

It asks how the authority assesses whether provision is sufficient, the data used on disabled children locally, how it meets day care duties for children in need aged five or under, how due regard is applied to equality of opportunity, and where the local offer sets out relevant childcare information.

Sep 1, 2026

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