Mental Capacity Act 2005: Small Payments Scheme

Lord Addington Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, it is not simply a question of cost to financial institutions. There is a whole range of problems here and an essential tension between protection against abuse and simplicity of process. In this area, where it is possible to have very different views, the Government feel that the principle established in the 2005 Act, placing responsibility with the Court of Protection, is right.

[Lord Addington (LD)]

My Lords, when the noble Lord, Lord Young of Cookham, raised this, I said that he had put his finger on an absurdity, and it is quite clear that I was right on that one at least. Can the Government give us some undertaking of what they are doing to make sure that, when parents put money into funds for their children’s future, they are told all the things they have to do to make sure the child can access it properly? Saying that there should be greater awareness will not help; you need one place to go that says, “This is the legal process”.