Thank you for taking the time to respond. I appreciate the risk about the Deprivations rules but I have a forlorn hope there may be some sympathy in terms of the assessment of her capital and deprivations.
Anecdotally, I understand from contacts at a leading learning disabled charity, that it is sometimes accepted that in these circumstances such a transfer will be ignored, the blame lying with the well meaning parents who saved the benefits paid to them for her and spent their own instead. If no action is taken, the money will be certainly taken into account and the clients would like at least to attempt something.
On that basis I would like to try and get as much as possible out of the bare trust and so my question is in Trust Law about the commencement date of the bare trust and whether they could rely on s3 Children Act?