Child Trust Funds

Debate between Lord Wolfson of Tredegar and Lord Addington

Monday 11th October 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, my officials met Mr Nyahasha on 17 August, and we are well aware of this proposal. The problem is that it is not a matter of the Government recognising the scheme; the scheme, I am afraid, is inconsistent with the Mental Capacity Act, and it is fundamental to the rule of law that the Government act in accordance with legislation passed by this Parliament. Therefore, we cannot just bless schemes that are inconsistent with the legislation. If we want to solve this, we have to change the legislation. That is what the consultation is aimed at.

[Lord Addington (LD)]

My Lords, it is quite clear that the cock-up school of history has been proven correct on this issue. The Minister has said that the law is incompatible with the current status and intention of this. Surely we have enough time in Parliament to change the law. Will the Government guarantee that we get that time?

[Lord Wolfson of Tredegar (Con)]

My Lords, guaranteeing government time might be a little above my unpaid pay grade—but what I can say is that there will be a consultation. As the question from the noble Baroness, Lady Finlay of Llandaff, pointed out, there are interests to balance here. There will be, I hope, an eight-week consultation, and I invite everybody to be part of that. Following that, if we are going to legislate, I agree that it is something we should be getting on with.

Child Trust Funds: People with a Learning Disability

Debate between Lord Wolfson of Tredegar and Lord Addington

Tuesday 22nd June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, we are putting the consultation material together as quickly as we can. The noble Lord is certainly right that we have to balance the ability of young adults to access their own funds against the importance of the protections given by the Mental Capacity Act to young adults who lack the mental capacity to manage those funds or give instructions to others to do so.

[Lord Addington (LD)]

My Lords, we have been going at this for a while. Would the Minister agree that a parent who has filled one of these trust funds for someone who is now a young adult should be presumed to have their best interests at heart, unless there is another good reason? Saying that you now have a warning system for those coming up is of no assistance to those who have already matured.

Child Trust Funds: Children with Learning Disabilities

Debate between Lord Wolfson of Tredegar and Lord Addington

Thursday 25th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am grateful to the noble Lord for referring to Mr Justice Hayden, with whom I have met and who I know is personally committed to resolving this. It is fair to say that our understanding of all sorts of mental capacity is considerably greater now than it was in 2005, when the Act was passed, and in 1995, when the Law Commission reported on this issue. We are therefore looking to address this.

[Lord Addington (LD)]

My Lords, I thank the noble Lord, Lord Young, for bringing this to our attention and for his wonderful summary of that letter. If we agree that the money is for the children, and that they are capable of spending money in other situations, why have the Government not used the capacity of this Chamber and the other place to make sure that this happens?

[Lord Wolfson of Tredegar (Con)]

My Lords, the position is this: in 1995, when the Law Commission reported on this, it recommended a small claims exception to the Mental Capacity Act. Parliament did not do that; it put in a Mental Capacity Act with no exceptions at all. That is the legislative background against which I now have to operate.

Learning Disabilities: Child Trust Funds

Debate between Lord Wolfson of Tredegar and Lord Addington

Thursday 11th February 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, there are a number of ways in which the requisite capacity, or lack thereof, can be established and assessed by the court, and those issues probably take me outside the bounds of an answer here. I will write to the noble Baroness to give more detail.

[Lord Addington (LD)]

My Lords, last time this was discussed, I said that the Minister had pointed out an absurdity. He has still got his finger on it. Can he give the House an assurance that we will not only get a solution but will hear about when that is reached, and that banks and their internal bureaucracy are informed about this so it can be done quickly?

[Lord Wolfson of Tredegar (Con)]

My Lords, the present situation is absolutely unfortunate. One of the problems is that this does not seem to have been anticipated by the Government which put child trust funds into existence. We are doing all we can, and I will certainly report back to your Lordships’ House on the progress we make. As I have already said, I am personally committed to ensuring that this problem is solved.