Child Trust Funds: People with a Learning Disability

Baroness Finlay of Llandaff Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, people need a court order because, in the Mental Capacity Act, Parliament provided protection for young adults to make sure that their funds—and the funds are theirs, not their parents’—can be accessed only by people with a proper court order. The working group meets monthly, and the next meeting is later this week. It has engaged with people across the industry and, as I said a few moments ago, because of the work of the working group, we are now amending the GOV.UK pages to provide more information to parents in that regard as well.

[Baroness Finlay of Llandaff (CB)]

Does the Minister agree that the noble and learned Lord, Lord Falconer of Thoroton, should be congratulated on the Mental Capacity Act, which is a precious piece of legislation that protects the most vulnerable? Does he agree that any erosion by creating exceptions to its established processes would fail to ensure long-term provision for the vulnerable person’s welfare as an adult over 18, while increasing the risk of child trust funds being diverted without accountability?

[Lord Wolfson of Tredegar (Con)]

My Lords, I respectfully agree that the noble and learned Lord, Lord Falconer, should be congratulated on his work on the Mental Capacity Act. He described it as

“a vitally important piece of legislation, and one that will make a real difference to the lives of people who may lack mental capacity.”

I respectfully agree. I also congratulate the noble Baroness on hosting a very good briefing event on 17 June. I urge all Members of the House who are interested in this topic to look at the materials from that event, which are available on the Social Care Institute for Excellence website.