Asked by: Dan Aldridge (Labour - Weston-super-Mare)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he will take steps to ensure that individuals seeking a divorce are automatically eligible for legal aid in cases where evidence demonstrates that a child of the family has been subjected to abuse.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This Government recognises that legal aid – a vital part of the justice system – supports the ability of individuals to access publicly funded legal assistance to uphold their legal rights.
Legal aid is available for private family proceedings, such as divorce and financial remedy proceedings, if an adult is a victim of domestic abuse or at risk of being abused. Funding is subject to providing the required evidence of domestic abuse and passing the means and merits tests. The Government recognises that abuse may include behaviour directed at a third party, for example the victim’s child, to influence the victim. In May 2025, we amended the legislation to explicitly reflect this definition of domestic abuse; it now reflects the definition of domestic abuse from the Domestic Abuse Act 2021, and it clarifies that behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual.
Legal aid is available for individuals for some private family orders, such as child arrangement orders or prohibited steps orders, if the child who is the subject of the order is a victim of child abuse or at risk of abuse. This is subject to providing evidence of child abuse and passing the means and merits tests.
The Government monitors legal aid provision and is carefully considering the criteria that govern financial eligibility for legal aid.
Where an issue falls outside the scope of legal aid, eligible individuals may be able to obtain Exceptional Case Funding where they can show that, without the provision of legal aid, there is a risk that their human rights may be breached.
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.