Child Trust Fund and Individual Savings Accounts
The question
To ask the Secretary of State for Justice, what assessment his Department has made of the adequacy of the accessibility of Child Trust Funds and Junior ISAs for young people who lack mental capacity.
Answered by Alex Davies-Jones
Where a young adult lacks mental capacity, the law requires parents or guardians to have legal authority to make decisions on their behalf about their financial assets or property. This longstanding safeguard helps protect vulnerable people from potential financial abuse, and applies to funds held in a Child Trust Fund or Junior ISA.
On 9 June 2023, the Ministry of Justice published the “Making Financial Decisions For Young People: Parent and Carer Toolkit”. This explains how parents and guardians of disabled children who lack capacity can obtain legal authority where none is in place, including applying to the Court of Protection to access funds in a Child Trust Fund or Junior ISA. The toolkit is available on GOV.UK, along with guidance on completing the necessary court forms: How to apply to make property and finance decisions on someone’s behalf (including Child Trust Funds) - GOV.UK
We understand that concerns remain. The Ministry of Justice continues to engage with key stakeholders to better understand the challenges and identify potential improvements in a way that balances access with safeguards.
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