Oral Answers to Questions

Debate between Baroness Morgan of Cotes and Mark Spencer

Thursday 15th October 2015 Commons Chamber

[Nicky Morgan]

I thank my hon. Friend for that question and I know that he feels passionately about this matter. There are, of course, strong opinions on both sides of the debate. It is important, given the case that I have just mentioned, to remember that the law as it stands has changed because of that judgment. A litigant could now seek to bring a case of caste discrimination in an employment tribunal using the ethnic origin provisions in the Equality Act, which is why we should take time to look at the judgment before making further decisions.

[Mark Spencer (Sherwood) (Con)]

4. What steps the Government are taking to support more women in setting up their own businesses.

Child Support Agency

Debate between Baroness Morgan of Cotes and Mark Spencer

Wednesday 11th July 2012 Westminster Hall

[Nicky Morgan (Loughborough) (Con)]

It is a pleasure, Mr Weir, to speak in the Chamber this afternoon with you in the Chair. I am not sure whether we are setting a record here, but women outnumber men by about five to one at the moment. That is an extremely good sign on an afternoon when Parliament is debating sitting hours.

This afternoon’s debate is about reform of the Child Support Agency. When I was elected, I expected to deal with a number of cases relating to welfare benefits, the United Kingdom Border Agency and organisations such as Her Majesty’s Revenue and Customs. What I did not expect was that one of my largest and most enduring case loads would relate to the Child Support Agency. In just over two years, my constituency office has dealt with 70 individual cases in which something has gone wrong, and I am just one Member of Parliament. In the borough of Charnwood alone, in December 2011 the CSA had a live case load of almost 2,600 cases.

Before I go into the details of some of those cases, it might be helpful if we consider why the CSA was set up in the first place. Back in 1993, when John Major’s Government introduced the agency, the aim was for it to pursue parents who failed to support their children financially. Savings were expected because parents claiming benefits from the state would instead find their income supplemented by a maintenance arrangement paid by the non-resident parent. I support that intention, but as I aim to show in this debate, it is clear to me and doubtless to other hon. Members that the system is not working and must be reformed, as children, through no fault of their own, are not receiving the financial support they need or deserve.

Despite an often heavy-handed approach, and costs of £440 million every year, half of children living in separated families in this country have no financial maintenance support in place. The CSA is expensive to run, with 40p being spent to collect each £1. Those costs often result from the Child Maintenance and Enforcement Commission running two separate, failing IT systems, and an additional 100,000 clerical cases—that is, paper cases—that the system cannot cope with.

Recent CMEC statistics show that 48% of complaints were from non-resident parents, and 50% were from parents with care, so it is clear that no one is happy with the current system. CSA data also show that more than 5,000 past and current CSA cases remain, with more than £50,000 in arrears. I congratulate CMEC on producing an excellent set of statistics. It should be congratulated on the transparency with which it produces its figures. It is a model for many other non-departmental public bodies and other arms of Government to follow.

Despite the statistics, there has been some progress, with deduction orders, under which money is removed directly from debtors’ accounts, having trebled since 2009. We need a simple and flexible system that supports families in making and sticking to their own arrangements, if that is possible, and that steers families through a tough time, keeping negotiations constructive and preventing a difficult family break-up from becoming worse or potentially destructive.

The problem with the current system from my perspective is, first, that it seems to invite conflict, and is often accused of being heavy-handed and far too arbitrary. The evidence shows that the most effective and enduring arrangements are ones that parents come to themselves. Secondly, the CSA does not offer value for money; and thirdly, enforcement may be ineffective, with huge arrears totalling nearly £4 billion in March 2012. A specific issue that I suspect other hon. Members will also speak about relates to self-employed partners paying child maintenance.

[Mr Mark Spencer (Sherwood) (Con)]

I congratulate my hon. Friend on securing this debate. Does she recognise that at the moment the system seems to penalise those dads and absent parents who want to do the right thing and want to contribute to their children’s welfare, but the CSA seems to have no power to grab hold of those who want to avoid the system, and to make them contribute to their children’s lives?

[Nicky Morgan]

I thank my hon. Friend for making that point. He is absolutely right, and I will refer to a couple of constituency cases in which the non-resident parent, usually the father, is trying to do the right thing, perhaps by looking after the children on one or two days a week, but that is not recognised, when other people seem to be able to play the system. That is certainly something we in my constituency office have found.

I want to bring a human element to this debate. Numbers and statistics are all very well, but what I and other hon. Members—including the Minister—see in our constituency casework is the negative effect that the CSA is having on people’s lives, particularly children. I do not expect the Minister to comment on the individual cases I am about to raise—she has been good enough to see me twice with her officials to discuss two very difficult cases—but I feel that I owe it to my constituents, who often come to see me and my caseworkers in a state of some distress, to talk about their cases.

I shall start with poor enforcement. Karon Hollis is the mother of four children. All have the same father, who is self-employed and was using the accounting system to tell the CSA that he does not earn enough to pay her anything but the bare minimum of £5 per week—£5 for four children. Ms Hollis gathered evidence to show that his lifestyle could not possibly match what he was saying about his finances, but the CSA did not take her evidence, or lost it on the several occasions when she sent it in. Ms Hollis asked for our help with putting her evidence to the CSA, which has resulted in an assessment of £50 per week—10 times the amount she was originally getting. Why must ex-partners so often have to become detectives to get a fairer assessment?

My second case relates to Tracey Warren. It is currently with the adjudicator, who is carrying out a formal investigation. Ms Warren told the CSA 18 months before her ex-husband left the country that he was planning to go, and kept doing so, but nothing was done to get him to pay before he went. He has now moved to the middle east, and because Britain does not have a reciprocal arrangement with the country in question, the CSA cannot chase him for payment. The same issue has arisen in another case, in which the mother has moved to China.

Moving on to cases where paternity is an issue, I have had two cases in which the father queried the paternity of the child and, as a result, the whole CSA claims process ground to a halt. I cannot say whether that is a delaying tactic, but in one case, after a father had asked for a DNA test, he heard nothing further from the CSA for three years, when they contacted him to say he was £16,000 in arrears. Surely an efficient and effective system should not allow such a long period of silence to occur. Paternity should be swiftly established to allow the CSA system to proceed, or the CSA to cease involvement if paternity is not proven.

On arrears being allowed to accrue without the CSA seeming to notice, Mr B in my constituency had a deduction of earnings order so that maintenance was deducted from his salary every month. Unfortunately, the employer failed to pass that amount on to the CSA, and the CSA failed to notice. When the employer went into administration, my constituent, Mr B, was told by the CSA that he would have to pay the outstanding amounts all over again. He did eventually recover a percentage of the debt as part of the administration process. What I cannot understand is why the CSA failed to spot that it was not receiving the money from the employer in the first place.

An element of flexibility is needed in the system. My constituent, Christine Barrell, is claiming maintenance from her husband, who is self-employed. He has been “nil assessed”, which Mrs Barrell is challenging. Her husband’s business accounts, which will support her appeal, are not due until the end of the year, but the CSA needs her appeal within the next 28 days. Can that period be extended to reflect the particulars of this case?

Finally, I want to highlight those cases that I have already mentioned, thanks to the intervention by my hon. Friend the Member for Sherwood (Mr Spencer), in which the non-resident parent is trying to do the right thing and to maintain contact with their children by seeing them regularly. They often feed and clothe their children, as well as incurring transport costs to see them and to return them to the parent with care. But those costs are not reflected in the maintenance calculation, and the parent with care may not agree to the calculation being adjusted to help to meet those costs. In one case, the CSA recommended that the parent with care should share the child benefit they are receiving, but that was met with a flat refusal.

I hope I have shown that we have a system that no one seems satisfied with; so where do we go from here? In a recent survey carried out for CMEC, two thirds of parents with a family-based arrangement said they were happy with their situation. Only one third of CSA clients said they felt the same. Almost 90% of non-resident parents complied with their own arrangements, compared with just under two thirds of those who had payments assessed and enforced by the CSA. Most parents with family-based arrangements considered them to be fair, whereas only 42% of those whose payments were calculated and enforced by the state system did so. More than 50% of parents who use the CSA say that they could make their own arrangements if only they had the right help and support.

I welcome the Government’s proposed collaborative approach. Hopefully, it will mean that separated parents are able to avoid the conflict that often comes with CSA involvement by making their own, family-based maintenance arrangements whenever possible, and the Government have already committed £20 million to developing better co-ordinated local support services to help that happen. The money will be used to work with voluntary and community groups to make it easier for parents to navigate existing support, and to consider what additional help is needed.

There has been criticism of the charges that will be introduced to allow people to access the statutory system. The previous Government introduced a wide-ranging power to charge all parents as part of the Child Maintenance and Other Payments Act 2008, and the coalition is building on that legislation and on Sir David Henshaw’s report to the previous Government on the CSA, and implementing those charging proposals. I understand that there will be heavy discounts for those on the lowest incomes, and total exemption when domestic violence has occurred.

In her response to the debate, will the Minister say more about those charging proposals? Who will be affected, how will they work, and when will they be introduced? Will she also address an issue that has been raised with me by Gingerbread: what will happen to new and existing cases when the new system comes into force? We hope that parents who separate after the new system is introduced will be signposted to a range of support services and encouraged to make a private arrangement, but what about parents who are already caught up in the system? If, for example, a deduction of earnings order is in place, what will happen to that when the new system comes into force?

In conclusion, I hope I have shown that the current statutory child support system needs speedy reform. I appreciate, however, that it is difficult for any Government system to cope with the complexities of family life. Parenting is hard enough for both mothers and fathers, without having to make allowances for the access arrangements, work pressures and new relationships that make every situation unique, and that is why any child support system will, perhaps by necessity, be a fairly blunt instrument.