Child Trust Funds: Children with Learning Disabilities

Lord Wigley Excerpts

Thursday 25th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend raises a very good point. I can assure Tammie and Hollie Squire that it is not a question of trust. It is, I am afraid, a question of law. The DWP benefits appointee scheme applies only to benefits from the state and does not extend or apply to an individual’s own assets. That legal position is governed by the Mental Capacity Act. I have to work within the confines of the Act, which is why I am working with the judiciary to make the legal route easier, cheaper and quicker.

[Lord Wigley (PC) [V]]

My Lords, I draw attention to my registered interest as vice-president of Mencap, which has been working with the MoJ on this issue. Can the Minister give the House an update on what progress the advisory group has made to date?

[Lord Wolfson of Tredegar (Con)]

My Lords, the advisory group has been meeting not only organisations in the third sector such as Mencap but the financial providers. We have looked at a number of legal and regulatory issues. We believe that the way through this is by working with the Court of Protection. Quite properly, judges control the court and that is the way through to resolving this long-standing problem.