The Mental Capacity Act: Small Payments Program – Law Society Response


The Ministry of Justice (MoJ) is seeking views on proposed changes to the Mental Capacity Act.

These changes would facilitate access to small funds belonging to a person who lacks mental capacity and who does not have:

  • continuing power of attorney or
  • Protective court order

The proposal will only affect funds of £2,500 or less.

Our point of view

Overall, we agree with the need for a small payment plan.

The process of accessing funds on behalf of those who lack capacity is currently complicated and time-consuming.

Significant safeguards must be in place so that the scheme cannot be used by someone who does not have the vulnerable person’s best interests at heart.

We do not agree with the plan being managed by a financial services companyand rather suggest that the regime be managed by the Court of Protection, which has Following appropriate skills.

the limit to the number of money accessed under the plan should not be used as a reason for reduce security measures and backups.

Next steps

The consultation closed on January 12, 2022.

The Department of Justice will use the responses to inform its approach to the Small Payments Program.

Read the consultation on the website of the Ministry of Justice