Child Support Collection (Domestic Abuse) Bill
(1 year, 8 months ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
Mr Deputy Speaker (Sir Roger Gale)
Before we get on to proceedings, I remind Members of the differences between Report and Third Reading. The scope of debate on Report is limited to the amendments I have selected. The scope of the Third Reading debate that follows will be the whole Bill, as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to catch my eye.
New Clause 1
Collection of maintenance in Northern Ireland: cases involving domestic abuse
‘(1) The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is amended as follows:
(2) In Article 7 (child support maintenance)—
(a) after paragraph (3) insert—
“(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.
(3B) For the purposes of paragraph (3A), ‘relevant abusive behaviour’ means—
(a) where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;
(b) where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.
(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).”;
(b) in paragraph (4) (purposes for which regulations may require information to be provided)—
(i) omit the “and” after sub-paragraph (b);
(ii) after sub-paragraph (c) insert “; and (d) the making by the Department of a determination for the purposes of paragraph (3A).”
(3) In Article 29(1) (collection of child support maintenance)—
(a) after “7(2A)” (as inserted by Article 127(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))) insert “and (3A)”;
(b) after “7(2)” insert “or (3A)”.
(4) In Article 48(2)(a) (regulations to be laid before Assembly after being made), before “9(1)” insert “7(3A),”.’—(Mims Davies.)
This new clause makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to those clause 1 of the Bill makes to the Child Support Act 1991 in respect of England and Wales and Scotland.
Brought up and read the First time.
The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Sir Roger Gale)
With this it will be convenient to discuss the following:
Amendment 1, in clause 4, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.
This amendment is consequential on NC1.
Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.
This amendment is consequential on Amendment 3.
Amendment 3, page 3, line 20, at end insert—
“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”
This amendment provides for NC1 to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991.
Amendment 4, page 3, line 24, at end insert—
“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).
(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)).”
This amendment enables the Department for Communities in Northern Ireland to make transitional or saving provision in respect of Northern Ireland corresponding to that which may be made by the Secretary of State in respect of England, Wales and Scotland.
Mims Davies
New clause 1 makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to the amendments this Bill makes to the Child Support Act 1991 in respect of England, Wales and Scotland. The amendments make provision for Northern Ireland to allow victims of domestic abuse who use the Child Maintenance Service, to request the collect and pay service on the grounds of domestic abuse and where there is evidence of domestic abuse against the requesting parent or children in their household by the other parent.
Child maintenance is devolved in Northern Ireland; however, the Northern Ireland Assembly has typically made legislation that mirrors Great Britain. Due to the current suspension of the Assembly, it is not possible for Northern Ireland to make the necessary mirroring legislation at this time, although we all hope that situation will change as soon as possible.
As hon. Members will know from the Bill’s Second Reading and Committee stage, these proposals did not initially extend to Northern Ireland, as Northern Ireland colleagues were unable to obtain a legislative consent motion, which would be the normal process. However, as described, in the continued absence of a functioning Assembly, officials in the Department for Communities in Northern Ireland have confirmed that they wish Northern Ireland to be included within the scope of the changes proposed in the Bill, and I can confirm to the House that approval in principle has been obtained from the relevant officials of the Department for Communities.
In considering this new clause, I remind hon. Members what the Bill is intended to achieve: better support for victims of domestic abuse. The Bill will amend primary legislation to allow a parent, or a child in Scotland, to request the collect and pay service on the grounds of domestic abuse where there is evidence of abuse against them or children in their household. It is an important measure for domestic abuse victims who use the CMS, as they will be able to decide which service type is best for them and their circumstances.
I turn now to the amendments. Amendments 1 and 2 are consequential amendments. Amendment 3 provides for the new clause to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991. Amendment 4 will enable the Department for Communities in Northern Ireland to make transitional or saving provision corresponding to that which can be made by the Secretary of State in respect of England, Wales and Scotland.
This Government take the issue of domestic abuse extremely seriously, and the Child Maintenance Service is fully committed to ensuring that all parents get the right support and are safe when using the service. I am delighted that these important measures will be implemented in Northern Ireland. I am sure Members agree that this important protection should be available to people across the United Kingdom, so this amendment and the other consequential amendments will ensure that victims of domestic abuse in Northern Ireland can benefit from the provisions in the Bill.
Members have previously raised the issue of domestic abuse training. I want to reiterate that the CMS has substantially strengthened its procedures and processes through the introduction of mandatory training and new and updated tools for customers who are experiencing domestic abuse. The CMS will rightly be reviewing this training following the independent review. I remind the House that the application fee is waived for those who have suffered domestic abuse. The CMS will act as an intermediary in direct pay cases to facilitate the exchange of bank details, to ensure that no personal information is shared. The CMS provides information on how to set up bank accounts with a centralised sort code, which allows survivors of abuse to be safe and not to be traced.
During the passage of the Bill, it has been important for Members to understand how the wider Department for Work and Pensions can help people experiencing domestic abuse. I will take this opportunity to mention Ask for ANI, a code word scheme that allows domestic abuse victims to signal discreetly that they need support. This initiative, which was developed by the Home Office and supported by delivery partner Hestia, has been made available to over 500 pharmacies since January 2021. Anybody who is suffering from or fearful of domestic abuse can use Ask for ANI when they are engaging with the Child Maintenance Service, and they will be guided to a safe space to share their practical concerns and be offered support, perhaps by calling the police or reaching out to specialist domestic abuse services.
The DWP is committed, as part of the Home Office’s tackling domestic abuse plan, to piloting the Ask for ANI initiative in jobcentres, and those pilots are already under way in England, Wales, Scotland and Northern Ireland. I want to reiterate to anybody who is concerned about this matter, no matter where they are in the United Kingdom, that the Child Maintenance Service is there and able to support those who come forward.
The review set out some clear recommendations on how the CMS should respond to domestic abuse, and the Government published their response on 17 January 2023. The review finds that the CMS has worked very hard to develop and improve its domestic abuse practices. As Members will know, people who engage with the CMS often have the most complex cases and needs, so it is right that we have taken the chance to learn lessons and ensure that there are practical steps to help separated parents who are experiencing abuse to set up safe maintenance arrangements. As I said in relation to the amendments, this will be available across the United Kingdom. The Government have accepted eight out of 10 of these recommendations.
Sally-Ann Hart (Hastings and Rye) (Con)
I thank my hon. Friend, the Minister for Social Mobility, Youth and Progression for moving these important Government amendments. I was delighted to co-sign them. These new amendments will allow for the provisions in the Bill to include Northern Ireland. That will mean that domestic abuse victims, not just in our English constituencies, but throughout the United Kingdom, will benefit from the measures in this Bill. I am sure that all Members here today can recognise the importance of that.
The Minister has assured me that officials will be working closely with legal colleagues and the other Administrations across the United Kingdom to ensure that the provisions are implemented effectively. I thank all Members for joining me here today and for their support of this Bill.
Paul Howell (Sedgefield) (Con)
I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing this Bill before the House to address such an important issue. I expect that problems with the Child Maintenance Service and domestic abuse are some of the most universal and least partisan that my colleagues and I encounter in the course of our work.
As we know, domestic abuse is not limited to any particular group—anyone can be a victim. At the same time, it is helpful to recognise that the economic impact of domestic abuse is particularly severe for single mothers, who make up 90% of single-parent households, and whose opportunities to work may be limited by childcare. A study by the Institute for Fiscal Studies found that pre-pandemic, nearly half the children in single-parent households were living in poverty. Single parents are likely therefore to need childcare payments, because of the considerable costs associated with raising children, yet those who experience domestic abuse can find themselves still vulnerable to abusive behaviour through the structure of the CMS. Last year, the Public Accounts Committee concluded in its report on the CMS that the system is not—
Mr Deputy Speaker (Sir Roger Gale)
Order. I hesitate to interrupt the hon. Gentleman, but I did put down the marker at the beginning that Members should be speaking to amendments on Report. He is making a Third Reading speech. He is welcome to retain the Floor, but he must stick to the amendments.
Paul Howell
My apologies, Mr Deputy Speaker. I will wait for Third Reading.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
Clause 4
Extent, commencement and short title
Amendments made: 1, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.
This amendment is consequential on NC1.
Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.
This amendment is consequential on Amendment 3.
Amendment 3, page 3, line 20, at end insert—
“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”
This amendment provides for NC1 to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991.
Amendment 4, page 3, line 24, at end insert—
“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).
(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).” —(Mims Davies.)
This amendment enables the Department for Communities in Northern Ireland to make transitional or saving provision in respect of Northern Ireland corresponding to that which may be made by the Secretary of State in respect of England, Wales and Scotland.
Third Reading
Sally-Ann Hart
I beg to move, That the Bill be now read the Third time.
As many hon. Members heard me say on Second Reading, I emphasise that this Bill is an important measure for victims of domestic abuse who use the Child Maintenance Service. I am proud, delighted and grateful that it is being taken forward and has the support of the Government, as confirmed by the Minister for Disabled People, Health and Work, my hon. Friend the Member for Corby (Tom Pursglove) on Second Reading, and reconfirmed in Committee by the Minister for Social Mobility, Youth and Progression, my hon. Friend the Member for Mid Sussex (Mims Davies). I am pleased that she is here again today on behalf of the Government, and thank her profusely for her support and the support she has shown throughout the progression of the Bill.
Moving on to developments that have occurred since the Bill was in Committee, I am delighted that the independent review of the ways in which the CMS supports victims of domestic abuse has now been published, alongside the Government’s responses to its recommendations. Many of my hon. Friends highlighted that review on Second Reading and in Committee, so I am pleased that it has now been progressed. The Bill will strengthen support for domestic abuse victims by ensuring that victims of domestic abuse, who are overwhelmingly women, are able to avoid entirely any need to engage with the other parent if there is evidence of abuse, helping to make them as safe as possible when using the Child Maintenance Service. These proposals give victims of domestic abuse choice—another avenue to aid their escape and removal from an abusive partner or environment, while ensuring that victims have more protection than was previously the case.
Wendy Chamberlain (North East Fife) (LD)
I am delighted to be here today, as I was when the Bill was in Committee. As constituency MPs, I think we all know the issues that the CMS presents when domestic abuse is involved. Indeed, I have a constituent whose children are grown up, but who still has moneys outstanding as a result of the coercive control of domestic abuse, and her ex-partner still utilises that fact. I welcome my hon. Friend’s Bill, and hope very much that its provisions will help prevent those kinds of long-term abusive ongoing relationships.
Sally-Ann Hart
I thank my hon. Friend for her intervention, and completely agree with her. I am absolutely confident that the Bill will help prevent those sorts of long-term coercive and abusive behaviours that many women and children have had to put up with over the years.
I reiterate how pleased I was to see the independent review published during the Bill’s passage, which makes a recommendation to do just what this Bill is advocating. The Bill will amend primary legislation to allow victims of domestic abuse to use the collect and pay service where there is evidence of domestic abuse against the requesting parent by the other party to the case, who could be the paying or the receiving parent, or even against children in their households by the other parent involved in the case. I am pleased that MPs from across the House agree on the importance of this Bill, as it is a key move to help deal with a more masked form of domestic abuse: financial abuse and coercion. The Bill also removes the additional threat of emotional abuse that can occur if direct pay is used.
By way of a reminder, the Child Maintenance Service aids the payment process of child maintenance between separated parents who cannot reach an agreement on their own following a separation—a challenging job done in very difficult circumstances. I am sure we all recognise that for some separated parents, it will be really difficult to co-operate, especially where there might have been a history of abuse. Once parents are in the system, the Child Maintenance Service manages child maintenance cases through one of two service types: direct pay and collect and pay. For direct pay, the CMS provides a calculation and a payment schedule, but payments are arranged privately between the two parents. For collect and pay, the CMS calculates the maintenance payment and then collects the money from the paying parent and pays it to the receiving parent. Current legislation means that the default option is direct pay, unless both parents agree to collect and pay or the paying parent demonstrates an unwillingness to pay their liability. The Bill will extend the option of collect and pay without the other parent’s consent if domestic abuse is evident, regardless of the payment history.
I know that the CMS already has safeguards for victims of domestic abuse. It ensures that there is no unwanted contact between parents, and in order for parents to use direct pay safely, it provides information on how they can set up a bank account with a centralised sort code so that they cannot be traced to a specific location. I reiterate that I am pleased that the provisions in the Bill will now include Northern Ireland, so that domestic abuse victims throughout the United Kingdom will benefit.
Finally, I thank all the women in my constituency and throughout the United Kingdom who have emailed me describing the horror of the coercive and controlling behaviour that many of their former partners have shown towards them over the years. They wanted to pour out what had happened to them. I very much hope—indeed, I am confident—that the Bill will prevent many more women and children from going through the trauma of coercive financial abuse in the coming years. I hope that all hon. Members agree that the Bill is worthy of our support, and I look forward to seeing it progress through the other House.
Mr Deputy Speaker (Sir Roger Gale)
I apologise to the hon. Gentleman for calling him prematurely.
Paul Howell
Thank you, Mr Deputy Speaker. I will start again.
I thank my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for bringing forward a private Member’s Bill to address such an important issue. I expect that problems with the Child Maintenance Service and domestic abuse are some of the most universal, least partisan issues my colleagues and I encounter in the course of our work. Domestic abuse is not limited to any particular group—anyone can be a victim. At the same time, it is helpful to recognise that the economic impact of domestic abuse is particularly severe for single mothers, who make up 90% of single-parent households and whose opportunities to work may be limited by childcare responsibilities.
Like many Members, I have had people come to my surgeries to talk about coercive, hidden abuse that is very difficult to get on the record. That does impact the decisions that are required in this space. A study by the IFS last year found that, pre-pandemic, nearly half of children in single-parent households were living in poverty. Single parents are likely to need child maintenance payments because of the considerable costs associated with raising children, yet those who have experienced domestic abuse can find themselves still vulnerable to abusive behaviour through the structure of the CMS.
Last year, the Public Accounts Committee concluded in its report on the CMS that the system is not designed to protect victims of domestic abuse, even if it may be the “safest and only way” for them to receive child maintenance payments from an ex-partner. The following is not a comprehensive list, but some ways abusers misuse child maintenance payments are: putting abusive messages in the payment reference; making payment dates unpredictable to interfere with benefit payments; and, in some cases, using the location of the bank account to find the area where the resident parent lives.
I understand why direct payments are the preferred method of child support payments for the CMS. In an ideal world, parents would be able to split amicably and divide the financial responsibility for raising their children equitably; unfortunately, that is often not the case. In situations where the relationship is not only difficult but abusive, it is simply unreasonable for the CMS to ask victims to arrange direct payments with abusers or find out their income details and workplaces themselves.
The Domestic Abuse Commissioner recommends that victims and survivors of domestic abuse are automatically offered the collect and pay option without fees. The Bill’s provision for either parent to object to direct pay on the grounds of domestic abuse represents a significant improvement in the law’s protection for survivors of domestic abuse. However, it fails to address some issues and I hope Ministers will consider introducing future legislation to tackle them.
It is, for instance, too easy for the paying parent to hide earnings by dropping from pay-as-you-earn on to self-employment and making the visibility of the numbers not good. That deprives children of the financial support they need, and from the Treasury’s perspective it contributes to tax avoidance. Once the paying parent is put on collect and pay, the relief for the resident parent may be temporary, however, and it is important that we deliver these proposed changes. I commend my hon. Friend the Member for Hastings and Rye for bringing the Bill forward.
Anthony Browne (South Cambridgeshire) (Con)
I congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on bringing forward this incredibly important Bill. Domestic abuse is truly awful. It is insidious behaviour that goes on behind closed doors, making victims feel traumatised in their own homes. The point of the Bill is that domestic abuse does not necessarily stop when couples separate. It is unacceptable that this behaviour can continue through economic abuse after couples separate.
There have been many cases, including in my constituency, where the separated woman—it tends to be a woman—cannot after separation get payments through the Child Maintenance Service, and it is clear that their partner is withholding payments as a way of continuing their control over their victim through economic abuse. In the current system, there is no way the CMS can stop that; it simply does not have the power to do so. The current system allows the continued economic abuse of victims.
It is important to remember that it is not just the parent victim of abuse who is affected: the children are, too, as this money is used for their upkeep. There have been cases in my constituency where single-parent mothers could not get the funding and were clearly completely out of funds, and ultimately it was their children who suffered. That is utterly unacceptable.
It is therefore important to make a change so the CMS can, when there is abuse, put people on collect and pay services to break the link between abuser and abused. It is important that one parent cannot simply object to that; they must not continue to have a veto. I welcome the earlier amendment to make the Bill cover Northern Ireland. It is unconscionable that it does not cover the entire UK, but this is a devolved issue; however, we do not have a Northern Ireland Government at present.
I totally support the measures in the Bill, although there needs to be further thought on the charging structure: the maintenance liability of 20% for the paying parent seems fair, but the 4% charge on the receiving parent should be reconsidered. I wholeheartedly support the Bill and am grateful to my hon. Friend the Member for Hastings and Rye for introducing it.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
It is a genuine pleasure to respond to this debate from the Opposition Front Bench. I thank and congratulate the hon. Member for Hastings and Rye (Sally-Ann Hart) on bringing this important Bill to the House and on all her hard work in this area. We fully support the Bill and see it as a welcome step in the right direction. Like colleagues before me, I pay tribute to the many organisations who work tirelessly to support victims of domestic abuse and who have campaigned on this issue, particularly Refuge, Gingerbread and Surviving Economic Abuse.
As we have heard, the Bill—which I know is fully supported by the Government—will make important changes to legislation to allow the Child Maintenance Service to collect and make payments on behalf of victims of domestic abuse without the consent of the ex-partner. This will, I am absolutely sure, come as a huge relief to many.
However, the Opposition remain concerned that there is still outstanding work to be done. On Second Reading and in Committee, Opposition colleagues including my hon. Friends the Members for Reading East (Matt Rodda) and for Birmingham, Yardley (Jess Phillips) pressed the Department on the 4% charge payable by the receiving parent where collect and pay is used, and the hon. Member for South Cambridgeshire (Anthony Browne) has also raised that issue. In Committee, the Minister confirmed that the Government are
“willing to consider…where exemptions may be appropriate”.––[Official Report, Child Support Collection (Domestic Abuse) Public Bill Committee, 14 December 2022; c. 9.]
That is encouraging, but I again stress our view that victims of domestic abuse should be exempt from paying the 4% fee. I am aware that they are exempt from paying the £20 application fee, which is absolutely right, but they are then effectively penalised every month simply for using a service that stops them having to have contact with their abusive ex-partner. I hope we can all agree that that is grossly unfair.
Colleagues have mentioned the evidence requirements, which will be set out in secondary legislation. In Committee, the hon. Member for Hastings and Rye stated:
“The aim is to produce evidence requirements that are sensitive to the needs of domestic abuse victims and that have been carefully evaluated and tested.”
She went on to state that she had received assurances that the Department will work with colleagues in the Home Office, the Ministry of Justice and others
“to ensure that the definition of domestic abuse is consistent…across Government.”––[Official Report, Child Support Collection (Domestic Abuse) Public Bill Committee, 14 December 2022; c. 4.]
I take this opportunity to stress, as we have at all stages of the Bill, that it is vital for Ministers to get the evidence requirement right, as the effectiveness of the Bill hinges on it.
More widely, I call on the Government to ensure that victims of domestic abuse feel as safe as possible when using the CMS. Organisations such as Gingerbread and Surviving Economic Abuse have called for statutory guidance to set out the training CMS staff receive on domestic abuse, and in Committee my hon. Friend the Member for Birmingham, Yardley pushed the training point. The Minister responded with robust promises that CMS processes and procedures have been strengthened substantially and that caseworkers are equipped with a toolkit to support customers experiencing abuse. I am sure we have all dealt with domestic abuse cases in the course of our constituency casework and seen at first hand how difficult it can be for victims to leave. The Government must do all they can to equip them with the tools they need to move forward with their lives, including on the vital issue of financial stability.
I will finish on a quick point about enforcement. Currently, very little appears to be done in cases where the paying parent does not meet their obligations. In cases of domestic abuse, that may leave already vulnerable victims and their families destitute. Although that falls slightly outside the direct scope of the Bill, I would be grateful for reassurances from the Minister in this area.
Despite those continuing concerns, I very much welcome the Bill and congratulate the hon. Member for Hastings and Rye wholeheartedly on getting it through to this stage. I hope the Government will continue to build on this legislation and, more widely, the Domestic Abuse Act 2021, to deliver a strong, co-ordinated cross-Government approach to domestic abuse.
Simon Fell
I congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on bringing forward this important Bill and getting it to Third Reading. This is a really important issue. I think we have all had cases in our constituency surgeries—we have heard it from Members already—where people have brought the most horrific issues to us. It ranks as one of the top issues. The stories we hear about coercive control and the impact it has on people’s mental health and their ability to look after their children are profound. The steps in the Bill will go a long way to making the world a little bit better for people who are in some of the most difficult circumstances we see as constituency MPs.
Coercive control and financial abuse are just terrible; they are draining. They have impacts far beyond simple pounds and pence. We have all seen that impact, mainly on women and children, when abusers have made it difficult for their former partners by using money as a means of control. Of course, the majority of separated parents do the right thing—they pay their bills and support their children financially—but we see time and again that it is the few bad apples who really make life difficult. They are a reason to look again at the system and at reform.
It is fair to say that, until reasonably recently, financial abuse had been under-recognised as a form of domestic abuse. We need to recognise that predominantly female victims are cut off from sources of money by their partners as a form of control. Some 2.4 million people in England and Wales are estimated to have suffered some form of domestic abuse. In the UK, some reports estimate that one in eight adults—5.9 million people—have experienced economic abuse of some kind in their lifetime from a partner or family member. The majority of those—4.2 million—are women. It leaves them with no money for basic essentials such as food and clothing, and has a massive impact on children, who are the real victims but often overlooked. Having spoken to Citizens Advice in Barrow and in Ulverston, and the fantastic Women’s Community Matters in Barrow, I know just how much this matters and how much time it takes third-sector organisations to help to pick up the pieces and to support people who genuinely do not know where to turn, which is often why they end up with us.
The CMS already has safeguards in place for victims of domestic abuse. For instance, it ensures that there is no unwanted contact between parents, and provides information on how parents can set up a bank account with centralised sort codes so that they cannot be traced. We all acknowledge that any situation where former partners have to co-operate is going to be difficult, particularly when there has been domestic abuse. That is why the proposals in the Bill matter so much. They give victims of domestic abuse the choice to use collect and pay so that they can decide what is best for their personal circumstances. It gives them the freedom to avoid having to transact with the other parent where that is difficult and may lead to bad results. Hopefully, it will make them feel as safe as possible while using the Child Maintenance Service, particularly if the relationship with their former partner was abusive, and will protect them from ongoing coercion and abuse in financial arrangements.
Dozens of constituents have spoken to me during constituency surgeries about their issues and the abuse that they have been through. They have told me about the challenges not just for them but for their children, which affect their mental health, and the fragile relationships that they are trying to rebuild after separation and divorce. The Bill introduced by my hon. Friend the Member for Hastings and Rye is an important step to helping them. I am sure that they will recognise that. This hidden abuse is hurtful and hateful. I am incredibly grateful to my hon. Friend for bringing the Bill forward, and I am glad to lend it my full support.
Lia Nici (Great Grimsby) (Con)
I commend my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) for introducing this Bill. She is an absolute champion for her community, and I am sure her that constituents are very proud to have such a hard-working and committed Member of Parliament working for them.
Sadly, we all see stories of domestic abuse in our mailbags and in our constituency work. I am afraid that we see this kind of financial coercion and abuse all too often. Sadly, domestic abusers use it as a way to keep power and control over their partners and their children. I welcome the Bill because it means that women in particular can feel safer knowing that their abusive partners will not be able to find them or stop payments electronically.
Recently, constituents have started to come to me about the use of applications on telephones. Their partners have put applications on their phones to control the heating in the house and, unbeknown to my constituents, they are switching off the central heating and making life very unpleasant for them. Anything we can do to stop and cut off the abuse is very welcome. I welcome other Members’ comments about ensuring that the recipients of the payment are not subject to costly surcharges. I come from a single-parent family myself, and we know that single-parent families often struggle to afford everything, especially when an ex-partner is causing as many problems as they can, including by stopping income, causing problems with direct debit payments or interfering with benefit payments. I wholeheartedly support this important Bill and thank my hon. Friend for promoting it.
Mims Davies
There is so much to say and so much to respond to. I join hon. Members across the House in congratulating my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on navigating this important Bill to its Third Reading. I thank her for promoting the Bill and for her excellent contributions throughout its stages. Promoting a Bill is not easy. I absolutely commend her for her commitment and delivery.
I thank all hon. Members who have highlighted the importance of the Bill in better supporting those who have suffered domestic abuse. I also thank the Opposition for their support. My hon. Friend the Member for Sedgefield (Paul Howell) rightly raised the point that people avoid payment as a way of continuing to exert control, which is absolutely wrong. My hon. Friend the Member for South Cambridgeshire (Anthony Browne) spoke about people continuing to using finances to control their former partners, which is completely unacceptable and shows why the Bill is so important. My hon. Friend the Member for Great Grimsby (Lia Nici), who understands single-parentdom as I do, spoke about the importance of tackling abuse and about systems and procedures can continue to facilitate abuse. That has to be stopped, which is what the Bill will do.
Nickie Aiken (Cities of London and Westminster) (Con)
I welcome the Bill and congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart). Does the Minister agree that the Bill builds on what the Government did in the Domestic Abuse Act 2021, on the Bill Committee of which I was very proud to serve? This Bill sends a very clear message to survivors of domestic abuse that we will protect them all the way through, even after abuse has stopped, and that child maintenance support will not be used as another tool in the box by perpetrators of domestic abuse.
Mims Davies
I thank my hon. Friend for raising that point, particularly as we approach International Women’s Day. My hon. Friend the Member for Great Grimsby spoke about the same issue. The Domestic Abuse Act brings children into scope, which is incredibly important. We know that abuse affects not just partners but whole families. I spent a very brief time as Minister responsible for safeguarding, but I would like to use this opportunity at the Dispatch Box to say that this is about criminality in the home. It is not acceptable, and it is not the way people should be behaving. We will make sure that these processes work for all types of families, who are very often in the most complex scenarios. Ultimately, using finance or any other form of weaponisation is absolutely wrong and abhorrent. I thank my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for making that important point.
The hon. Member for Lewisham, Deptford (Vicky Foxcroft) mentioned the hon. Member for Birmingham, Yardley (Jess Phillips), whom I have met and engaged with strongly. I have taken on board all her points about control and about training, and I will cover some of them in my remarks, if I may.
I fully agree with my hon. Friend the Member for Barrow and Furness (Simon Fell) and join him in paying tribute to the third sector organisations that do so much in this space: they advise us on policy and insight and have been extremely helpful with the Bill. I thank my hon. Friend the Minister for Disabled People, Health and Work for his excellent contribution on Second Reading. I also thank my noble Friend Viscount Younger of Leckie, who has recently taken over day-to-day ministerial responsibility for the Child Maintenance Service. I work extremely strongly with him, and I know that he is fully committed to supporting the Bill’s important measures in the other place. I am grateful to all hon. Members who spoke in Committee and have helped to shape the Bill. I very much appreciate their important insights.
Jonathan Gullis (Stoke-on-Trent North) (Con)
I want to put on the record my congratulations to my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on the incredible work she has done to get this important piece of legislation to this stage.
I join the Minister and my hon. Friend the Member for Barrow and Furness (Simon Fell) in speaking about the third sector. There is a fantastic Stoke-on-Trent North resident called Laura Carter, who runs what was originally Mums of Stoke and is now Women of Stoke. She does incredible work helping women who are fleeing domestic violence to set up new homes and gathering donations of basic things, such as food, as well as beds, furniture and uniforms for children. I was formerly a teacher for eight and a half years and worked on safeguarding as a head of year. Does the Minister agree that it is absolutely disgusting that children are used as a weapon or tool to coercively control women, which is totally unfair and unnecessary, and that, as well as people who do that having to pay their fair share, we should use the legislation we have passed in the House to throw the rulebook at them and, where necessary, put them in jail?
Mims Davies
My hon. Friend characteristically highlights what is at the heart of what we see in many of our constituency meetings. As the daughter of a women from Stoke-on-Trent, I absolutely agree and thank him for giving a voice to his constituents and our communities, which is incredibly important.
I reiterate that the Government take domestic abuse extremely seriously. We have acted on this issue in a way that no Government have before. The CMS is fully committed to providing the right support and ensuring that it is safe for people to use the service. It seeks to tackle any stigma of what the Child Maintenance Service is about and how it can support people. I take this opportunity to remind people that domestic abuse can take many forms. Whether it is physical, emotional or financial abuse, violent or threatening behaviour or coercive control, the CMS has the procedures in place to ensure that cases are handled appropriately, whatever the circumstances. I hope the hon. Member for Lewisham, Deptford will understand that, and I will outline how we have moved some of those processes on.
For customers using the direct pay service, the CMS can act as an intermediary to facilitate the exchange of bank details to ensure that there is no unwanted contact between parents and that no personal information is shared, which is important. CMS caseworkers also provide information on how to set up bank accounts with a centralised sort code, which reduces the risk of a parent’s location being traced. I am aware that, in complex scenarios, people will be worried about sharing information. We need them to feel safe, so that children can be supported by their parents. The application fee is waived for survivors of domestic abuse, and CMS caseworkers will signpost people where necessary to suitable domestic abuse support organisations, which we have heard about today.
As my hon. Friend the Member for Hastings and Rye said, throughout this Bill’s passage hon. Members have been keen to see the publication of the independent review of the ways in which the CMS supports victims of domestic abuse. I am pleased that it was published alongside the Government’s response and recommendations on 17 January. I was involved in those responses and the engagement with the third sector and stakeholders. Dr Samantha Callan has done a remarkably positive job in sharing the review’s recommendations as part of that publication.
As hon. Members will have seen, the independent review found that the CMS has worked hard to develop and improve its domestic abuse practices. Since that review was undertaken by Dr Callan, the CMS has implemented new domestic abuse training measures, including mandatory training for CMS staff on how to respond to domestic abuse cases, ensuring that its caseworkers are well equipped to support parents in those vulnerable situations. The training enables caseworkers to understand how domestic abuse can take various forms—physical, financial, emotional and psychological —so that the CMS can signpost customers to appropriate support such as domestic abuse advocacy groups and, if necessary, advise on contacting the police. Where parents do not feel able to do this, caseworkers will ask whether they are content for them to call the police on their behalf.
The CMS has also implemented a new call script that directly asks about abuse and signposts customers to very specific advice and, importantly, expertise. CMS caseworkers also have a complex needs toolkit, which includes clear steps to follow in order to support customers who are experiencing abuse. This toolkit is regularly reviewed and strengthened using customer insight. Again, the Minister in the other place and I are taking a clear interest in how the toolkit works.
However, as the review points out, there are further steps that the CMS can take. The Government have rightly accepted eight of the review’s 10 recommendations, and we are strongly committed to taking them forward and reviewing the training to ensure that it remains up to date and, most importantly, aligned with best practice.
I spoke earlier about the Ask for ANI pilot roll-out and extension, alongside our J9 interventions through Jobcentre Plus. I reiterate that, in the light of today’s amendments, the Department of Health in Northern Ireland has made pharmacies aware of the Ask for ANI scheme, too. Four jobs and benefits offices in the Department for Communities are also offering Ask for ANI support. Wherever people need help, there is a way for them to get support, which is important.
Dr Callan’s report also includes recommendations to enable cases to be moved to collect and pay where there is evidence of domestic abuse, which is precisely what this Bill aims to do. The Bill also amends primary legislation to allow for a parent or child in Scotland to request collect and pay on the grounds of domestic abuse where there is evidence of abuse against them or, indeed, against children in the household.
To get these proposals right, to target the right parents appropriately and to make sure we have the right evidence of domestic abuse, we will table secondary legislation.
Bob Blackman (Harrow East) (Con)
Like my hon. Friend the Member for the two Cities, if I might put it that way—the Member for Cities of London and Westminster (Nickie Aiken)—I was heavily involved with the Domestic Abuse Act 2021. Does the Minister think it would be a good idea for children’s social workers, in particular, to wear body cameras to record what happens when they go into a home, to spot the signs of domestic abuse, rather than relying on hearsay evidence reported to their seniors when making key decisions about what happens to the child and, indeed, the abusive parent?
Mims Davies
I thank my hon. Friend for his remarkably insightful idea. Children’s social work is an incredibly brave and diverse job, as we are asking people to go into homes and make judgments. Of course, the police are now wearing body cameras, and Ministers should take note of his view. It is very difficult to look at both sides of the coin, and photographic evidence could be extremely helpful. I am sure that putting it on the record has strengthened his resolve, for which I thank him.
We will engage stakeholder groups including, my hon. Friend will note, the Home Office, the Ministry of Justice and the devolved Administrations, where appropriate, on secondary legislation to ensure that parents are fully supported. The secondary legislation will follow the affirmative procedure, so hon. Members will be able to vote on the proposals. We aim to produce robust evidence requirements that are fully sensitive to the needs of domestic abuse survivors, and we will ensure that all relevant data and insights are thoroughly considered.
I will make some progress, because there are other important Bills to debate this morning. I turn to the collection charges for the use of the collect and pay service, including the 20% on top of the maintenance liability for the paying parent and the 4% of the maintenance received by the receiving parent. Some hon. Members have expressed strong views on the issue. I understand their concerns, but they should note that the charges were introduced with the 2012 child maintenance scheme, which included charging, and has led to an increase in family-based arrangements that are, on the whole, much better for children—indeed, too few people have family arrangements.
We recognise, however, that many of the parents who need the support in the Bill are some of the most vulnerable. Given the circumstances, therefore, alongside the development of secondary legislation, we will look at the charging structure for the use of the collect and pay service, and how that will interact with the proposed changes for victims of domestic abuse in such cases. The secondary legislation will be brought forward as soon as parliamentary time allows. I hope that provides some reassurance to hon. Members on both sides of the House.
Vicky Foxcroft
I thank the Minister for her commitment to look into the issue and that it will be done in future. Can I press her further to give us some idea of when that might be?
Mims Davies
The hon. Lady should expect it to be early 2024, but I am keen to get on with it. I hope that is a timetable that we can stick to, but we will do our best to bring it about sooner.
On the Northern Ireland amendments, I reiterate that it is important for the measure to cover the whole United Kingdom. I thank all hon. Members and assure them that the Child Maintenance Service is fit for purpose and fully committed to supporting all parents to ensure that they have safe and agreeable arrangements that work for them. I pay huge credit to my hon. Friend the Member for Hastings and Rye for bringing the Bill forward and navigating its safe passage. I am pleased to reiterate the Government’s support for the Bill. We will continue to support and guide it as it moves through Parliament.
Sally-Ann Hart
With the leave of the House, I will take this opportunity to praise and thank the Minister and hon. Members on both sides of the House for their work and support throughout the process. I extend my appreciation and huge thanks to the Public Bill Office and the officials from the Department for Work and Pensions for their guidance and support, for which I am truly grateful. The support on both sides of the House further proves the overwhelming necessity for the Bill. The need to continue the Government’s essential work to protect women and children, predominantly, from falling victim to domestic abuse is vital. Through the Bill, more protection will be given to some of the most vulnerable in our society.
I thank my hon. Friend the Member for Sedgefield (Paul Howell) for his moving contribution, including on the need for the CMS to keep a forensic eye on the paying parent’s earnings to stop them wriggling out of paying. I also thank my hon. Friend the Member for South Cambridgeshire (Anthony Browne), who highlighted his concerns.
I thank the hon. Member for Lewisham, Deptford (Vicky Foxcroft) for her kind words in support of the Bill. I agree that the 4% fee should be waived for victims, but I stress how important it is to get the Bill through Parliament unhindered as soon as possible. I am confident that that matter and the others that she raised are being considered by the relevant Departments and I welcome the Minister’s assurances on that. I thank my hon. Friend the Member for Barrow and Furness (Simon Fell), who stressed the importance of parents looking after their children financially, and my hon. Friend the Member for Great Grimsby (Lia Nici) for her contribution.
Getting children and families right—strengthening families—is vital for our communities, for my beautiful constituency of Hastings and Rye, and for our wider society. The Bill will strengthen the support that domestic abuse victims are offered when using the CMS by allowing them to decide what service type is best for their child maintenance case and their circumstances. I wish it success as it moves to the other House.
Question put and agreed to.
Bill accordingly read the Third time and passed.