Child Maintenance Service

(Limited Text - Ministerial Extracts only)

Tuesday 27th February 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Paul Maynard)]

Provided that you cough strategically, Sir Charles, because my eyesight—

[Sir Charles Walker (in the Chair)]

I will—I actually have a cold, so I will be coughing and sniffling throughout.

[Paul Maynard]

My eyesight cannot quite determine the numbers on the clock any more—such is my venerable age. It is a pleasure to serve under your chairmanship, Sir Charles. I thank the right hon. Member for East Ham (Sir Stephen Timms) and my hon. Friend the Member for Stroud (Siobhan Baillie) for applying to the Backbench Business Committee to obtain this debate, and all hon. Members for their participation.

We have had a constructive, wide-ranging and, for my part, very interesting debate. We have discussed the original findings of the Select Committee report, which I very much enjoyed reading. Indeed, I always enjoy reading difficult, challenging reports when they are not in my brief, because I find them much more reassuring to read knowing that thinking is going on. We discussed the Government’s response at the time, the progress since that response, what is being done and how far that has got.

I will try to cover as many themes as have been raised today, but if I run out of time or there is insufficient detail, I will make sure that we write to all hon. Members. I know that Viscount Younger has already spoken to the right hon. Member for East Ham to have a further briefing. I am sure that all hon. Members here today will be interested in what Viscount Younger has to say, so I will try to ensure that all that information is properly communicated.

I do not normally do this, but I particularly thank the hon. Member for Wirral South (Alison McGovern) for speaking in such glowing terms about my letter to her. There were some helpful comments about the progress the Government have been making. That might give other hon. Members some optimism that things are moving in a more rapid direction than they might hitherto have realised.

The Child Maintenance Service makes a real difference to the life chances of many thousands of children. That is why we are reforming it for the long term on an ongoing basis to continually improve outcomes. The service plays a crucial role in securing financial support for children when parents have separated, mandating and, when necessary, enforcing arrangements so that money flows from paying parents to receiving parents, which can benefit children and help prevent them falling into poverty. Indeed, payments for both child maintenance and private arrangements delivered an estimated £2.6 billion annually to parents between 2020 and 2022, keeping around 160,000 children out of poverty.

The vast majority of parents strive each and every day to give their children the best possible start in life. Those who shirk the financial responsibilities they have for their children must be quickly held to account. That is why we continue to improve the Child Maintenance Service to ensure it works as effectively and efficiently as possible. However, it is currently still too easy for parents to avoid paying up if their income does not come through normal PAYE. That is why we are looking at changing the rules so that child maintenance calculations include a much broader range of earnings, such as property income.

We recognise that some parents will find it more difficult to afford their payments if they have built up substantial arrears. The Child Maintenance Service will continue to prioritise collection of ongoing maintenance, but we have committed to reviewing the calculation. We have begun the process of updating the underlying research to consider how we ensure the calculation reflects current and future societal trends. Any changes made to the child maintenance calculation will require amendments to both primary and secondary legislation. The calculation formula underpins every Child Maintenance Service case. Furthermore, those with private arrangements can also use the online calculator to get an estimate to inform their own arrangement, which is doubly crucial. It is essential, therefore, that we undertake a thorough and comprehensive review of the calculation formula and consider the potential impacts on all parents and children. That requires time to ensure we take an informed and co-ordinated approach, to ensure the calculation is fit for purpose and future-proofed.

[Peter Grant]

Clearly, there has been an error at set-up that the calculation needs primary legislation to be updated. Given that it is now 25 years out of date, is it not time to bring forward legislation to change it once and for all, so that future changes can be made through secondary legislation or by other means? There have been examples recently where other DWP payments were uprated through statutory instruments and it did not take nearly as much bureaucracy to get that done. We should be able to do that with the child maintenance system as well.

[Paul Maynard]

The hon. Member makes an interesting point that may risk becoming a digression. I note that the secondary legislation he refers to is regarding automatic uprating of particular indicators. This is a more fundamental change to how the entire structure of child maintenance is conducted, so is perhaps not suited to secondary legislation. We often hear criticism that too much goes through secondary legislation, unscrutinised by this place. As a Member rather than a Minister, I always think that I would rather such a fundamental change be scrutinised properly in the form of a Government Bill. That is an important point.

[Sir Stephen Timms]

Will the Minister give way?

[Paul Maynard]

I will. I am in danger of making things up now, which I should not do.

[Sir Stephen Timms]

I take the point entirely about the complexity of the review’s underlying formula, which the Minister has just been talking about. Can he give us any sense of how long he envisages that review will take to complete?

[Paul Maynard]

I have made a lot of comments today about the drumbeat of ongoing changes and how we implement some of the private Members’ Bills that have gone through, for example. I hear what the right hon. Gentleman says about the progress and the drumbeat, but I am not sufficiently close to the actual data and the information that he seeks. I will ensure that he is written to, along with other Members present today. I am sure that will be discussed when he meets Viscount Younger.

[Alison McGovern]

While I am pleased to have cheered the Minister up, I can assure him that I will certainly be giving the Government down the banks yet again. But that exact point is why I thought it would be helpful if we could have some sort of regular update out of this debate. Can the Minister feed that back to the Secretary of State, if necessary? I am sure it can be discussed whether that is a statement that the Government place in the Library or a regular update to the Select Committee, but for those reasons, Members need to know what is happening with the different streams of improvement to the service.

[Paul Maynard]

I have already heard that point, and in my preparation for the debate, I noted the complexity and the number of workstreams going on in this area. I will certainly take that point back to the Department. Another theme that we have heard today is the importance of not just having an enforcement process but having an efficient and effective one. That is done partly by deciding what actions are appropriate on a case-by-case basis and using the existing powers that have the greatest chance of ensuring that parents meet their obligations to pay for their children.

The CMS has made a number of improvements to processes, for example by making better use of deduction from earnings orders so that they can be set up faster. The CMS has also brought forward the point at which deductions from bank accounts are made, which not only has increased the volume of deductions from bank accounts but means getting money to children faster. Working alongside His Majesty’s Courts and Tribunals Service, the Child Maintenance Service has improved court processing times by introducing virtual court presenting and the electronic exchange of documentation.

Following the Child Support (Enforcement) Act 2023, the Government propose to bring into force a legislative change to accelerate the enforcement process. The change will introduce a simpler administrative process to obtain a liability order against those paying parents who actively avoid their responsibilities. That will enable the CMS to take faster enforcement action, affecting at least 10,000 cases a year. They will also publish a consultation shortly on how the Child Maintenance Service collects and transfers payments to support survivors of domestic abuse, following the Child Support Collection (Domestic Abuse) Act 2023 receiving Royal Assent.

In addition, operating a scheme where parents are not paying their maintenance liability and where the Government guarantee child maintenance payments is not the intent of the Child Maintenance Service’s policy, which is the philosophical issue that we are stressing. The role of the CMS is to encourage parents to take financial responsibility for their children. The scheme is designed to encourage parents to agree their own family-based arrangements wherever possible, and that tends to be in the best interests of children. The CMS must always work in the best interests of children. The statutory scheme exists as a fall-back if parents are unable to reach those voluntary arrangements. The Government do not believe that the state covering the shortfall of unpaid maintenance is the right way to target additional funding appropriately, given that there is no means test for receiving parents.

We are also bringing the Child Maintenance Service into the modern age, having made a number of improvements to ensure that it delivers to the highest standard with a more digital customer focus. In order to get help arranging child maintenance on the digital service, which is available 24 hours a day, seven days a week, we are making it more accessible for parents to decide what type of arrangement is most suitable for them and to make an application online. Those improvements have already seen new applications rise by 13% in the year to September 2023, and I look forward to seeing further progress in the future. That is a welcome increase that we expect to continue with the removal of the £20 application fee. The upgraded online service allows customers to access and maintain their CMS cases themselves. Twenty-six different changes of circumstances can now be reported online. The advantage of digital systems means the service is, as I have said, available 24 hours a day. Many customer requests are now fully automated, so it is much quicker for parents to manage their own arrangements.

We have also, as I have said, improved the speeding up of enforcement processes. In the quarter ending September 2023, around £23.5 million—more than half—of the child maintenance collected through collect and pay was from parents who had a deduction from earnings order in place at the end of the quarter. Those improvements deliver a modern and efficient service for customers while enabling caseworkers to focus on parents who have more complex issues.

I will try to deal with specific issues that were raised. I might not succeed in three minutes, but I will at least try. I can confirm that the £20 fee has been removed as of yesterday, along with the eradication of debts of £7 and under, which we achieved through delegated legislation—the draft Child Support (Management of Payments and Arrears and Fees) (Amendment) Regulations 2023.

I was equally as concerned as the right hon. Member for East Ham to hear of the case of Rachel Parkin regarding the continuity of the support that she received from that single nominated caseworker. The Department will write to the Chair of the Select Committee to make sure that we properly understand that case and what can be done about it. There will be more to come on that point.

I was asked for updates on the progress of various Acts. It might be unhelpful to confirm that consultations are ongoing, because we want the measures to be proportionate, robust and targeted appropriately. It is never easy to rush consultations through. We are often criticised should we rush a consultation. Equally, I understand, not least from when I was a Back Bencher, that when final reports have been issued by the Government, people like to see action, so that point has been heard. I do not wish to pre-empt any Government decisions on curfews—those are not mine to take—nor would I wish to pre-empt the meeting of the former Secretary of State, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), with Viscount Younger when that will be fully discussed, I have no doubt. I, like her, await the outcome with great interest on what is discussed.

I have been told I now have one minute left, not three minutes. I would love to talk about fraud, but one point I have observed from my own casework is that very often people know that something is not right. They have suspicions that fraud might be occurring, but when they engage with the CMS it is not always taken forward. One thing that we hope to be able to do by the end of this month, in order to avoid vexatious frauds, is to provide to those making claims an illustrative list of evidence that the financial investigations unit will require to take an investigation forward. That then avoids the disappointment when someone thinks that something is going on, but they cannot prove it. I think that will help the individual stuck in that situation and perhaps also our caseworkers who try to guide people who ring our offices on how to go about it.

Anything that I have not covered I will cover in a letter to Members. On that note, I will sit down.