Child Trust Funds: Children with Learning Disabilities

Debate between Lord Wolfson of Tredegar and Baroness Wheatcroft

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.

Learning Disabilities: Child Trust Funds

Debate between Lord Wolfson of Tredegar and Baroness Wheatcroft

Thursday 11th February 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, at the moment I do not see any conceptual distinction between child trust funds and junior ISAs. What we put in place to solve this problem ought, in principle, to be applicable to junior ISAs as well.

[Baroness Wheatcroft (CB) [V]]

My Lords, those who look after children with learning disabilities deserve our help and admiration. They do not need unnecessary obstacles being put in their way. Is there any evidence that those trying to access the funds being discussed have anything but the best of motives?

[Lord Wolfson of Tredegar (Con)]

The noble Baroness is certainly right. Virtually everybody does have the best of motives, but there have been cases where the protections afforded by the Mental Capacity Act 2005 have, unfortunately, been needed. One has to remember that, ultimately, one is dealing with the funds of somebody who lacks the capacity to deal with them themselves. That is why the Mental Capacity Act puts in protections which may well be needed.