Child Trust Funds: Children with Learning Disabilities

Baroness Wheatcroft Excerpts

Thursday 25th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am looking to arrange meetings with it, but have been working on the issues that it has raised in any event. In particular, I have looked at whether there is a trust law solution to the problem, but I am afraid that there is not. The route is to make sure that people can get applications through the Court of Protection as quickly and cheaply as possible. That involves the judiciary, which rightly controls the Court of Protection, and I am getting good engagement from the judiciary.

[Baroness Wheatcroft (CB) [V]]

My Lords, some providers of child trust funds are allowing parents access to them with other proof, without going through the procedures of the Mental Capacity Act. Can the Minister assure me and the House that those who offer such expedited help to parents or carers will not be subject to any sanctions?

[Lord Wolfson of Tredegar (Con)]

My Lords, I cannot give that assurance because sanctions are not a matter for the Government; independent bodies are in place. Whether these industry providers are complying with the protections under the Mental Capacity Act is not something on which I can give an opinion. I am sure that they have looked at that issue. Ultimately, the Mental Capacity Act is there to protect vulnerable people.