Reforming the Child Maintenance Service (Public Services Committee Report)

Baroness Deech Excerpts

Monday 8th June 2026 Grand Committee

[Baroness Deech (CB)]

My Lords, it is a heartrending statistic that 4 million of the UK’s 14 million children live in separated families. That is a higher proportion than in many European countries. The drawbacks of that situation are well known. Children from one-parent families show lower average educational attainment, reduced social mobility and a higher likelihood of becoming young parents themselves. Almost all these patterns are driven by poverty—44% are living in poverty and instability, with reduced social capital—rather than by single parenthood as such. I add in parentheses that I hope this Government do not plan on any legislation that will cause more cohabiting parents to split, for that is what is likely if financial claims by one cohabitant against the other are enabled after three years, as has been suggested, because the parents will separate before those three years are up.

It behoves us to do all we can to make sure that absent parents, usually fathers, pay their fair share of support for the children they have left behind. The figures in the Public Services Committee report show otherwise. Some 31% of liable parents in the collect and pay scheme paid nothing. Some £28.1 million was due in one quarter. Enforcement is slow. The process and the calculations breed distrust between parents, and many of the families involved have suffered domestic abuse.

It is a matter of regret that the Government have rejected some of the committee’s recommendations, especially those at the heart of the system relating to the retention of direct pay and the treatment of victims of domestic abuse. The CMS is a vast service, employing over 5,000 people, and it suffers from what we are used to with national government services: lengthy waits on the phone and poor communication. That is why it seems to me that we have a troubling dissonance between the principle of child maintenance and the reality.

In family law, the interests of children are paramount. This principle permeates our legislation, court determinations and public debate. But, when we look at the practicalities of our system for securing support for those children left behind by one parent, there is little reflection of that principle in reality. The report of the Public Services Committee on reforming the CMS exposes that breach. It describes a system where, despite the paramountcy of the child’s interest, the delivery of support is complex, enforcement is weak and too many children are not getting what they need and deserve.

Child maintenance is not discretionary. It is a moral and legal obligation. Parents are under a continuing legal duty to maintain their children. Under the CMS, maintenance is due to children usually only until they are 16, or 20 if they are still in certain types of education, oddly excluding university education. Again, I add in parentheses that the Financial Provision Bill I have introduced in this House on several occasions would make maintenance mandatory to age 21 as the default position. The duty of parents to support is regardless of whether they were married, and the CMS is the infrastructure for where court or family payments are not working.

There is a striking contrast between the flimsy support for child maintenance and the vast legal structure of payments to divorced spouses, something lawyers are heavily focused on. Payments to divorced wives occupy large amounts of court time and chalk up disproportionately expensive costs going to the lawyers who represent them. Spousal maintenance is based on need, compensation and the ending of a partnership. It involves significant calculation and disclosure of all assets and income. Amazingly, however, assets and property, unearned income and overseas income are not taken into account in calculating child maintenance. On paper, children’s claims are paramount, while spouses’ claims are contingent. But children’s maintenance is compulsory and spousal maintenance is conditional in law. The way the system works shows something very different in the order of priorities.

The Public Services Committee’s report shows that non-payment of child maintenance is widespread. Much has been said about that by speakers already. If custody is shared, there is a reduction in the amount paid to the person who, in common sense, is the caring parent. Claims for more custody may serve to reduce the amount that the largely absent father pays. Even when attempts are made to enforce the payment, compliance is only partial. Too many children are left in poverty, which this Government want to end. So often we have heard that this Government are lifting children out of poverty. Are they? I would go so far as to call the system a national disgrace, in part because taxpayers are left to fill the gap that absent fathers have left.

This has come about because child maintenance is often, unusually, not a matter for the courts. Even in divorce cases, the amount paid to children is often an afterthought, tacked on to the end of a judgment which is all about the needs of the ex-wife and the ex-husband’s ability to pay. For others not in the court system, as we know, the CMS operates. But the courts focus on individual cases, while the CMS has to deal with hundreds of thousands of cases, so the CMS relies on formulaic processes and standard arrangements. One can see that AI will take over this process one day, and it might well be a much better outcome.

In the direct pay system, the payer and payee are left to deal with each other once a calculation has been made, so there is little evidence as to whether it is really working. Enforcement is slow and reportedly not vigorous enough. This is such a contrast to the way divorced wives are treated. For them, there is individual scrutiny. The entirety of the couple’s finances is set out. If payment is not made, one can go back to court. There is professional representation on both sides. I am not saying that all children’s support orders can be handled like that, because there are, sadly, so many. But it is a bad contrast of the two systems. Divorce maintenance can be an expensive protracted struggle, and it too is having to face up to new emphasis on domestic abuse. But divorce gets the level of judicial scrutiny, comprehensive treatment and enforceability that children do not get. A single parent might be better advised to claim maintenance through Schedule 1 to the Children Act 1989, which applies to them in court.

The committee’s report would improve matters for children. It is a matter of regret that the Government have disagreed with some of its central proposals, and I hope we will hear why. The Government have agreed to stronger enforcement tools and faster appeals. They have agreed to improved staff training, especially relating to domestic abuse cases, and to improve communications. The Government have accepted that the calculation of maintenance should be reviewed, but there is no detail. This needs improved income assessment and stronger investigation of the ability to pay. In contrast to the committee’s report, the Government want to move to a single system of collect and pay, replacing direct pay. This may protect payees whose relationship is troubled, but it may at the same time increase hostility and disturb arrangements that were working.

Before 1991, child maintenance was largely a matter for the magistrates’ courts. After all these years of a state child maintenance service in different guises, one wonders whether it was right to remove it from the supervision of the courts. Has the pendulum swung too far to an administrative, impersonal system at the expense of trust, openness and enforceability? Perhaps more oversight by magistrates would help. In the meantime, we are letting down children, and the consequences of this will carry on down the generations. Studies have shown that the effects of poverty on a child continue through their life and pass on, in turn, to their own children.

I ask the Minister: will the Government get on and reform those limited parts of the system that they have agreed to reform? They have said that they want to end child poverty. Here is an opportunity for them which they must seize immediately; there can be no reason why they should not. I conclude by thanking the noble Baroness, Lady Morris, for the wonderful work that she and the rest of the committee have done on this neglected, complicated but vital system.

Masculinity and Misogyny in Schools

Baroness Deech Excerpts

Wednesday 15th April 2026 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend raises an important point—we want girls to be able to feel safe and to report, as she suggests. However, it should be not only the responsibility of girls to stand up for themselves in the face of misogyny; it should be part of the whole-school approach to challenge that and part of a school’s safeguarding process. Support for that is clearly spelled out in the Keeping Children Safe in Education statutory guidance, for staff to understand how to support girls when they report incidents and how to identify what is happening even if those incidents are not reported.

[Baroness Deech (CB)]

My Lords, is there any evidence that the problem is worse with a decline of single-sex schools? Would things be better if there were more single-sex schools, at least for girls?

[Baroness Smith of Malvern (Lab)]

The truth is that I do not know whether there is any evidence that supports that contention. The vast majority of children in this country do not go to single-sex schools. We need to ensure that every school, single-sex or not, recognises the need to tackle misogyny and is supported, as this Government will do, with the resources to be able to do that.

Child Poverty Strategy

Baroness Deech Excerpts

Monday 2nd March 2026 Lords Chamber

[Baroness Sherlock (Lab)]

I will say two things. Children did not fall into poverty overnight and they will not all come out of it overnight. Poverty has a range of drivers. We are determined not simply to address this problem now but to find a way of tackling it in the long term. However, since the noble Lord wants examples of action, I will give him some. What have we already done? As we have made clear, we are going to put £39 billion into social and affordable housing. We are expanding free school meals to all families on universal credit, putting £600 million into the holiday activities and food programme, extending the warm home discount scheme to an extra 2.7 million people, and removing the two-child limit to lift 450,000 children out of poverty in this Parliament. That is action, and this Government are taking it.

[Baroness Deech (CB)]

My Lords, may I ask the Minister what the definition of poverty is? If it is “below the average” then there is no hope of getting rid of poverty. Is it an absolute standard? Secondly, has she calculated the amount owed to the Child Maintenance Service by absent fathers? Why should the taxpayer fund maintenance for children that the father owes and is not paying?

[Baroness Sherlock (Lab)]

My Lords, the Government are using two metrics. We are using relative low income after housing costs, which is the international standard measure, but we are also using deep material poverty. That is a new measure that has been devised based on material deprivation, which reflects our commitment to addressing deeper child poverty. Material deprivation is traditionally calculated by asking the public what essentials they think families should have and getting a list of them. They are things such as warm homes, appropriate housing, enough food to eat, et cetera. The measure shows that if a family cannot afford at least four of those then they are in deep material deprivation. Having both those metrics helps us to measure what is going on in families.

I completely agree with the noble Baroness about child maintenance. Everybody should pay for their children, whether they are still with the other partner or not. The Government have done a lot to drive up the rate of support for child maintenance. We are taking reform steps to make it even better, and we will keep doing that.

Student Loans: Review

Baroness Deech Excerpts

Tuesday 24th February 2026 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I wonder whether the noble Earl has had the opportunity to discuss with some of his colleagues whether they believe that the system that they introduced is a scam. This is a system that was introduced by the previous Government. Plan 2 is no longer in operation for students starting today. Finally, if the leader of the Opposition is trying to suggest to students that they will repay less through a cap on interest, she would, of course, be misleading them, because that would not be true.

[Baroness Deech (CB)]

My Lords, the Sutton Trust, which has done wonderful work in this area, has shown that students who cannot afford to leave home do worse in their studies and throughout life. Will the Minister give student maintenance top priority and make it open to everybody, as it was in my time? I hope she will be brave enough not to shy away from the possible need to cut university places, have some mergers and make sure that we are not oversupplied with courses and universities that are not worth the money that students are paying.

[Baroness Smith of Malvern (Lab)]

I am afraid that I do not agree with the noble Baroness that reducing the numbers of people who can benefit from higher education is the most effective way to address this issue, although I agree that we need to address the cost of living crisis that current students face. That is why we are increasing the support available through maintenance loans, and it is why this Government will reintroduce the maintenance grants cut by the previous Government.

Universal Credit: Two-child Limit

Baroness Deech Excerpts

Wednesday 10th December 2025 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I think I have made my views clear on the impact of this policy. It is, in essence, a failed social experiment which has been pushing 100 children a day into poverty. We simply cannot allow that to happen. We want to support families. Most parents want to work to support their kids. Already, 84% of parents are in work—that is what people do. I used to work with single parents, who would say, “Even when it’s really a struggle, I want my kids to see this is what you do when you grow up”, but many people face barriers to work, and it is our job to make that possible. If you cannot afford childcare, how can you get to work? If you are not paid enough to be able to make life even bearable, how can you do that? The social security system should be there to support those who cannot work, but for those who can, to make it possible and to help them have a decent standard of living when doing so.

[Baroness Deech (CB)]

My Lords, around £450 million is owed to the Child Maintenance Service by absent fathers and some absent mothers. Some 160,000 children would be lifted out of poverty if the defaulting parents paid what they owed to the Child Maintenance Service. Does the Minister agree that is not right for the taxpayer to pick up the burden owed by defaulting parents and that the Child Maintenance Service must get that money from the parents?

[Baroness Sherlock (Lab)]

My Lords, the great advantage is not an either/or. The wonderful thing about child maintenance is that it does not impact on somebody’s social security, so if someone is working and getting some universal credit, maintenance tops that up further. The Child Maintenance Service does an astonishing job in many, sometimes very challenging, circumstances. Here is one simple statistic: since the Child Maintenance Service was set up in 2012, it has collected 93% of all the maintenance owed, but I am sorry to say that there are some parents who simply do not want to pay for their children. The Child Maintenance Service has astonishing powers. It will go after them, and it will keep after them, but we should encourage everybody to do the right thing: pay for your children, go out there and make it possible for them to have a decent life.

Schools: Funding

Baroness Deech Excerpts

Tuesday 25th November 2025 Lords Chamber

[Baroness Deech (CB)]

Has the Minister witnessed what I and some of my acquaintances have witnessed, which is a failure of social engineering because very rich parents and many foreign parents can still afford private schools but a larger number of the middle class and the less well-off will be going to state schools, hence a much bigger chasm between the privately educated and the state educated?

[Baroness Smith of Malvern (Lab)]

I am not sure that is unusual. It has always been the case that in order to benefit from a private education, you need to be able to afford it. The vast majority of children in this country attend state schools. That is why this Government are focusing our investment and our reform on those schools. That is the way to solve the problem of children from whatever background not receiving the education that they deserve.

Labour Market

Baroness Deech Excerpts

Monday 8th September 2025 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I presume the noble Lord is referring to the stories about universal credit. The structure of universal credit was created by the last Government. It was designed to operate in and out of work. We have become aware that there were some imbalances in the system. As the noble Lord will be aware, the Universal Credit Bill that we put through just before the recess has rebalanced the rates of universal credit by halving the amounts that will be paid in future to those who are out of work on grounds of illness or disability. It will increase the standard allowance to help raise incentives to work. I think most people want to work and have a fulfilling life. Our job is both to put the incentives in the right place and to make sure that the jobs are there and that people are skilled to do them. We are determined to do all this.

[Baroness Deech (CB)]

My Lords, thousands of workers who want to go to work today are unable to do so because of the Tube strike. Thousands of Tube drivers who should be at work have stayed at home. Will the Government reverse their policy of giving in to every trade union demand, thereby putting up prices, encouraging inflation and making more people stay at home and not go to work?

[Baroness Sherlock (Lab)]

My Lords, as I am sure the noble Baroness knows, transport in London is devolved to the Mayor and Transport for London.

State Pension Underpayment Errors

Baroness Deech Excerpts

Tuesday 16th May 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I note what my noble friend says about the gender disparities, which we are alert to. Indeed, the department has a discretionary scheme which allows special payments to be made to customers to address any hardship, but particularly injustice caused by DWP maladministration. Consistent with other large-scale LEAP exercises, special payments under the DWP discretionary scheme will not, however, routinely be made, but I assure the House that they are regarded or assessed on a case-by-case basis. Finally, on prioritising, it is important to note that we are prioritising those who are alive over those who are deceased.

[Baroness Deech (CB)]

My Lords, I am one of those women who were underpaid. For years, I got £6 a week—I was very exercised over how to spend it—whereas many of my women friends who had never worked at all were getting much more than that. With expert advice, I was able to access the department and it was set right, but it seemed to me that the problem was how to access the department. Once it had the issue in hand it responded, but people need to know the email addresses and there need to be pamphlets in post offices. There need to be easy ways for older people to speak to someone in the department and get an answer when they write—without, of course, having to hold on to the phone for ages. Will the Minister ensure that that happens?

[Viscount Younger of Leckie (Con)]

Indeed, and it is very important that we engage much more closely with the customer base. Where underpayments are identified, the DWP will contact the individual to inform them of any changes to their state pension amount and of any arrears involved. There is now, I am pleased to say, a more direct route for those inquiring about underpaid state pension. Guidance on this, the House may not be surprised to hear, is on GOV.UK and went live in July last year.

Employment: Disabled People

Baroness Deech Excerpts

Monday 6th March 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I appreciate the noble Lord’s question and the work that he does in this area. I can assure him that the Government are committed to reducing the disability employment gap, including in relation to the young and interns. It is important that those who have a disability are given every chance to start on the path to a career. What I cannot do, I am afraid, is commit to the noble Lord’s point about extending the scheme beyond the age of 25, but I have noted it and will take it back to the department.

[Baroness Deech (CB)]

My Lords, what happened to the Government’s national disability strategy, which was declared illegal by the Court of Appeal a while ago? It does not seem to have been renewed. Moreover, many of the recommendations made by the committee on disability that I chaired have still not been implemented by the Government. When are the Government going to be proactive?

Universal Credit: Benefit Cap and Two Child Limit

Baroness Deech Excerpts

Tuesday 24th January 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I mentioned childcare costs before and it is important to support parents who have childcare needs. Of course, we have the child benefit but on top of that there are other support mechanisms to ensure that those who have children—particularly more than two, which is the subject of this Question—can survive and, in many cases, find the next meal.

[Baroness Deech (CB)]

My Lords, research has shown that the majority of children of single parents would be lifted above the poverty line if the absent fathers paid what they owe. For decades, the child maintenance system has let single mothers down, condemned children to poverty and let men get away with it. What is the Minister’s advice?

[Viscount Younger of Leckie (Con)]

This is another important subject. The child maintenance system supports separated parents to agree their own family-based arrangements where it is possible. Where it is not possible, the child maintenance system steps in. It is incredibly important that the paying parent pays, and this is where the system is dealing with some extremely challenging issues in order that the receiving parent receives what they are due.