Child Trust Funds: Children with Learning Disabilities

Debate between Baroness Browning and Baroness Scott of Bybrook

Thursday 3rd December 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

They are absolutely being given the attention they deserve, but there are already procedures in place such that, if a young person has a life-limiting condition, that issue can be dealt with almost immediately by the courts.

[Baroness Browning (Con) [V]]

My Lords, my noble friend Lord Young of Cookham has identified what is actually a larger problem. I took all stages of the Mental Capacity Act through another place and also did the post-legislative scrutiny in our House. I say to my noble friend—and I declare an interest—that for parents of both children with learning disabilities and many on the autism spectrum, resort purely to the Court of Protection or to expensive legal trusts is really no help to parents of limited means who try to provide for their children throughout their lifetime. I hope that my noble friend will consider what more is needed to look at the situation we now have, particularly with more people living independently.

[Baroness Scott of Bybrook (Con)]

I thank my noble friend; she is absolutely right. That is why the Government made the announcement yesterday that we want to reduce the obstacles to supporting young people who lack mental capacity. There are other things that can be done instead of the Court of Protection: if the young person has the mental capacity to have an involvement, then there is, of course, the much cheaper and easier way of lasting powers of attorney.