Child Trust Funds: Children with Learning Disabilities

Baroness Finlay of Llandaff Excerpts

Thursday 25th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am grateful to my noble friend. We have looked at the legislative options. Amending primary legislation is not likely to be quick or easy. However, I must emphasise that the rules of the Court of Protection are a matter for the judiciary, not the Government. We therefore have to work with the judiciary, which I know is committed to this issue. Indeed, the Court of Protection has been working hard during the pandemic to ensure that its business is kept up to date.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, I declare that I chair the National Mental Capacity Forum. The Mental Capacity Act aims to protect against exploitation and support decision-making, but Covid lockdowns have caused delays in the Court of Protection. How is the backlog of these financial cases being mitigated by digital processes to ensure that the welfare of a young person is appropriately safeguarded, in particular if they are in a care home or have other care arrangements?

[Lord Wolfson of Tredegar (Con)]

My Lords, the noble Baroness is right that fundamentally this is about safeguarding the interests of the young person. On the Court of Protection, staff have been coming into the court throughout the pandemic to make sure that it can continue to function. They are putting in place new digital ways of working to streamline and simplify their processes and will ensure that there is as little administrative and procedural delay as possible.