Asked by: Dan Aldridge (Labour - Weston-super-Mare)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she has made an assessment of the financial impact of the Court of Protection’s Deputyship application process on families of disabled children who lack capacity to access Child Trust Funds.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
No such assessment has been undertaken. In many cases, no fee is payable for a court order to access a Child Trust Fund where this is the sole asset.
Where a young adult lacks mental capacity, including due to a disability, legal authority is required to make decisions on their behalf about financial assets or property. This requirement applies to all assets, including Child Trust Funds, and is vital in ensuring that vulnerable people are safeguarded and protected. Guidance on completing the court form when access to a Child Trust Fund is required can be found at How to apply to make property and finance decisions on someone’s behalf (including Child Trust Funds) - GOV.UK.
In February 2023, the Court of Protection introduced an online process to simplify the making of property and affairs applications. This has reduced errors and omissions and reduced administration handling times.
We are considering options for further improving access to matured Child Trust Funds while balancing the need to maintain safeguards which protect the best interests of individuals that lack capacity.
Asked by: Dan Aldridge (Labour - Weston-super-Mare)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to simplify the Court of Protection’s Deputyship application process for families of disabled children who lack capacity to access Child Trust Funds.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
No such assessment has been undertaken. In many cases, no fee is payable for a court order to access a Child Trust Fund where this is the sole asset.
Where a young adult lacks mental capacity, including due to a disability, legal authority is required to make decisions on their behalf about financial assets or property. This requirement applies to all assets, including Child Trust Funds, and is vital in ensuring that vulnerable people are safeguarded and protected. Guidance on completing the court form when access to a Child Trust Fund is required can be found at How to apply to make property and finance decisions on someone’s behalf (including Child Trust Funds) - GOV.UK.
In February 2023, the Court of Protection introduced an online process to simplify the making of property and affairs applications. This has reduced errors and omissions and reduced administration handling times.
We are considering options for further improving access to matured Child Trust Funds while balancing the need to maintain safeguards which protect the best interests of individuals that lack capacity.