Question to the Ministry of Justice:

To ask Her Majesty's Government what steps they are taking to grant access to parents to a Child Trust Fund without requiring a Court of Protection Order.

The Government places a high degree of importance upon protecting and supporting those who lack the mental capacity to make decisions for themselves. For that reason, anyone who wishes to manage the finances of a person who lacks the mental capacity to do so for themselves must have the legal authority to do so. Legal authority for someone who lacks mental capacity can only be obtained via an order from the Court of Protection or by registering a lasting power of attorney. These processes are provided for in the Mental Capacity Act 2005 and ensure vulnerable people are not exploited. They are not new or specific to Child Trust Funds but apply to the affairs of all vulnerable people.

We understand the concerns that have been raised and want to make the process of obtaining legal authority to access a Child Trust Fund as straightforward as possible, while maintaining important safeguards. A cross-government working group has convened to consider what steps can be taken to reduce the burden placed upon the parents and guardians of disabled children. The Government announced on 1 December that court fees can be waived or refunded when seeking access to a Child Trust Fund. The Court of Protection Rule Committee will consider how to progress work on Court of Protection forms.