Child Support Agency

Anne McGuire Excerpts

Wednesday 11th July 2012 Westminster Hall

[Mrs Anne McGuire (Stirling) (Lab)]

I echo the comments made by other hon. Members: it is a pleasure to be here under your chairmanship today, Mr Weir, for this short debate on the Child Support Agency. I congratulate the hon. Member for Loughborough (Nicky Morgan) on securing the debate, and hope she will agree that she was well supported in the contributions made by my hon. Friend the Member for Edinburgh East (Sheila Gilmore) and the hon. Members for South Derbyshire (Heather Wheeler), for South East Cornwall (Sheryll Murray), for South Swindon (Mr Buckland), for Romsey and Southampton North (Caroline Nokes) and, last but not least, the hon. Member for Gosport (Caroline Dinenage).

What we have heard today shows how complex child maintenance is. I listened carefully to the various cases with which MPs illustrated what they were saying. Frankly, no two of those cases were the same. If we multiply that by 650 MPs and multiply that again by the number of families who find themselves in a period of stress, perhaps we will appreciate the challenge that all of us face in trying to design a system that reflects all those individual situations. They range from the example that the hon. Member for South Swindon gave of the soldier in Afghanistan to the example that the hon. Member for Gosport gave of the disabled parent trying to keep her children. How do we come up with a system that deals with all those situations?

We should encourage more people to make voluntary arrangements. However, as my hon. Friend the Member for Edinburgh East—who is an expert on these issues—indicated, the people who make the voluntary arrangements are not the ones who need the state to intervene or facilitate. They are the people who come to what we could call an amicable separation and who understand that parenting, and the responsibility for parenting, is a joint effort, in terms of providing both emotional support and financial support. Sadly—and it is sad—not every couple can separate in that way. I think that it was the hon. Member for Romsey and Southampton North, who I understand may also have some experience in—

[Caroline Nokes]

indicated dissent.

[Mrs McGuire]

If the hon. Lady is not a lawyer, she should get a Bachelor of Laws degree, because she certainly sounded as if she had that sort of hinterland; studying an LL.B, perhaps part-time, might be an opportunity for her to take. Anyway, she highlighted some of the issues about how people try to manage these things.

Having said that, I must say to hon. Members that some of the situations that have been described today are hopefully not quite indicative of the changes that have happened in the CSA. I will just refer to a comment from a former Chairman of the Public Accounts Committee, which I think some hon. Members will probably agree with. The BBC reported:

“The public accounts committee said the CSA had a catalogue of complaints, a backlog of cases, and poor enforcement of uncollected payments”

and that the PAC said the CSA was one of the

“greatest public administration disasters of recent times”.

That was the view of the PAC in 2007, when it was under the chairmanship of the hon. Member for Gainsborough (Mr Leigh).

In May of this year, the PAC said:

“The Commission has made real progress in recent years but the challenges it faces”—

and hon. Members have illustrated some of those challenges today—

“in supporting separated families and securing maintenance payments for children are serious.”

So there have been significant changes, and the hon. Member for South Swindon remarked on the range of enforcement actions that exist and that were supported across the board; the Minister was in the House at the time. We had to realise that sometimes the carrot might not work and that sometimes it is about the stick. We can argue about whether six weeks is an adequate sentence, but the difficulties that people would face if they had their driving licence withdrawn, as well as all the other issues relating to enforcement, would really focus the minds of many people.

As a constituency MP, I have had nothing like the volume of CSA cases recently that I previously had. Ten years ago, I would have had a little queue of parents—both with care and non-resident—complaining about all the issues that have been highlighted today. I can now count on one hand how many live cases about the CSA that I have. I do not know if there is a particular problem in Loughborough, but I am just being frank with hon. Members in saying that I have seen a significant change. That is not to say that I do not occasionally have cases where somebody has had a wage deduction charge that has been wrongly applied—

[Heather Wheeler]

I am sure that my constituency of South Derbyshire is as fragrant as it always is, but I get three CSA cases a week—three a week.

[Mrs McGuire]

Mr Weir, I hope that you will agree with me that there must be a change in the atmosphere in Scotland, although I have to say that it is nothing to do with your political party. My experience is not the same as that of the hon. Lady. I can only put my experience on the table, in the same way that other colleagues have done.

Since the range of enforcement actions have been introduced, I have seen a significant downturn in the number of CSA cases. That is not to say that there have not been occasions when people have come to me and complained about the administrative errors at the CSA, which are unforgivable, or about the fact that the wrong assessment has been made. Those are the types of problems that have been highlighted in the debate today.

The comments that I quoted from the two distinguished Chairs of the Public Accounts Committee are intended to show that there have been changes in the CSA. The reality is that all of us have to wrestle with the legacy of a flawed initial approach; that includes the Minister, who is doing so quite admirably. The introduction of the CSA had joint-party support at the time, but it was rushed. The technology was not up to it and the scale of the problem in those initial years was grossly underestimated. Perhaps because we always want to believe the best of humankind, the idea was that if we suddenly introduced the CSA, everybody would conform. That was not the reality, as we know from individual experiences.

I am sure the Minister could tell us how many connections have to be made just to reach a conclusion in a single CSA case. Reaching a conclusion is quite a complex business; everything has to be tested. As MPs, we all know that someone can have a perspective on a particular case that might not fit with what another person thinks, whether that case is about the CSA, a housing complaint or any other complaint. So, all those checks have to be made in each case. I am trying to illustrate that this problem is not easy to solve, and there are some questions that I hope the Minister will address, which have been raised by colleagues in her own party as well as by my hon. Friend the Member for Edinburgh East.

I echo the advert that the hon. Member for Romsey and Southampton North gave for the Scottish legal system. Minutes of agreement are a good vehicle for getting parents to come to an understanding and to recognise that such an agreement is not something they can sign off and then just park; it is legally enforceable. That makes a significant difference to how those agreements are seen in Scotland.

The hon. Lady also suggested that such an approach could be exported, or perhaps transferred—I do not think we are quite into exports yet, Mr Weir, from Scotland to England—into the English legal system. I echo that suggestion, which the Minister might like to consider, although I appreciate this issue is not totally within her domain. Such an approach is an excellent example of how the legal system can formally—but almost informally—make something happen. Things are done between lawyers, and as a lawyer yourself, Mr Weir, you will know that in Scotland one always trusts the word of a Scottish lawyer. The Minister should look at that issue, which I know the Law Society of England and Wales and the Law Society of Scotland have highlighted in their response to the consultation. Interestingly, the Law Society of England and Wales has said that family-based agreements are unable to command support because they are not enforceable, and that they add to the existing uncertainty.

We have all seen examples of how difficult it is to pin somebody down about their lifestyle and what they tell the CSA is their income. Before there was investigation and enforcement within the CSA, I had a long-standing case involving a woman who was married to a high-profile person who was returning an income of almost zero. Frankly, everybody and their dog knew that that was not the case, but the woman had difficulty in dealing with the situation. I think that is why there is some surprise that, given the Minister’s views on trying to get a consensual approach to arrangements, regulations 18 and 20 will, I understand, be withdrawn, and I hope that the Minister can throw some light on that.

I thank the Law Society of Scotland for its excellent comments in highlighting this problem. It is concerned that a change in the regulations, whereby the parent with care, and the CSA, could challenge the lifestyle of the parent without care,

“could allow non-resident parents with well-informed advisers to be navigated out of the child support system to the detriment of the children concerned.”

I suppose that that is the flipside of the lawyer. The lawyer will act in what he or she sees as the best interests of their client and, in those circumstances, that might be to try to navigate their way around—that is the sort of neutral term I would use.

Finally, I have one or two points to put to the Minister, which have arisen out of the recent Public Accounts Committee report. One is on the charging of parents, and a Member has already asked: if it is only £20, what is the point, because it will not even cover the costs, and there could be an element of tokenism? I certainly agree that that aspect would perhaps have been better left as it was. There is a view that the introduction of fees might well make child poverty worse, and that it might act as a deterrent. Given that some people will be on extremely low incomes, £20 might just be the deterrent that will put them off.

The Public Accounts Committee also identified that the IT system that has been introduced to save money is already running late, and every month’s delay will cost £3 million. [Interruption.] The Minister smiles in that enigmatic way that most Ministers before her have smiled about IT and Departments. Given that IT systems have been the bane of the CSA’s life, we need some—any—reassurance that she has this under control. The other related issue is whether a new IT system can be installed and tested while an existing programme is still being delivered. Those of us with accounts in the Royal Bank of Scotland and NatWest have perhaps seen an example of things going wrong when an incident happens during the running of a new system. I seek the Minister’s reassurance on that matter.

My hon. Friend the Member for Edinburgh East asked what would happen to the case load. Is it a zero-sum game? Will the current case load just be wiped, and will people have to say, “I want the CSA to be involved again”?

I hope that this has been a good discussion for everyone here. We have constantly to monitor the CSA. This is not an easy problem, and none of us should ever think that we can invent an IT system or an organisation that will solve the complexity of the emotional problems resulting from the break up of a relationship where children are involved. We only need think of our own families’ and friends’ experiences to see exactly what the pressures are, even in the most amicable of circumstances. In some ways, we are asking the CSA staff to work miracles in very difficult circumstances, and although they have come in for some criticism today, I think the majority of them work efficiently, to a high standard, and as compassionately as they can, within the parameters set by politicians.

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

It is a pleasure to serve under your chairmanship, Mr Weir. You have a tendency to chair a lot of our debates on welfare.

I congratulate my hon. Friend the Member for Loughborough (Nicky Morgan) on securing the debate. It is difficult to do justice to the wide range of issues raised by Members on both sides, but the debate has left me with the overwhelming feeling that the system is broken much more fundamentally than just a broken IT system. I may have smiled wryly before because, when the right hon. Member for Stirling (Mrs McGuire) referenced IT systems, I had a vague recollection, which officials have just confirmed, that the new future scheme was supposed to have been introduced under a Labour Government but has been delayed considerably since its inception—hence the wryness of my smile.

[Mrs McGuire]

Does the hon. Lady accept that the first system was rubbish anyway?

[Maria Miller]

I think the right hon. Lady misunderstands me. I mean the introduction of the future scheme, which was considerably delayed under the previous Administration.

I am also somewhat surprised that Stirling seems to be atypical. Although the right hon. Lady might have only a handful of cases or fewer troubling her postbag, the statistics say something considerably different, which is that the Child Support Agency receives more than 20,000 complaints every year. I know that the agency’s chief executive is absolutely unhappy about that and is doing a great deal, working with staff, to do something about it, but it is indicative of the situation facing us.

--- Later in debate ---

[Maria Miller]

What I have said so far is the basis for the reform that this Government are putting in place. I pay tribute to the 8,000 staff at the Child Support Agency and all that they do, with the difficult system they work with, but I share the view hon. Members have expressed today that the current system is not working well enough for the people who need it the most. We inherited two sets of rules, three IT systems and more than 20,000 complaints every year, and reform that has failed to date. It is time to change the role of the child maintenance system and set it in context of the Government’s broader family and social justice policy, which is founded on the evidence that children have a better life with their parents providing support and protection throughout their childhood.

My hon. Friend the Member for South East Cornwall (Sheryll Murray) was right to say that parents need support from each other. Indeed, we have recently set up a customer panel to do just that and we are considering how to develop it further.

The hon. Member for Edinburgh East was right to say that we have to take into account the views of those who work in the field. They are indeed vital, but I caution her against focusing simply on the views of the legal profession, because as MPs who deal with such issues day in, day out, we all know that many people have more grass-roots experience, and we need to draw on that. Indeed, we as a Government have drawn on such voluntary and community sector experience in making our plans for the future scheme. A group of experts in the sector have worked with us to set out how we can ensure that parents have the right information and support, particularly early on, to work together post-separation and to make sure that both parents remain actively involved in their children’s lives. We have already announced £20 million to make that happen—that is in the current spending review. That £20 million, previously spent on IT systems and the rest, will now be used to support charitable organisations, which we all know do so much effective work with families. That funding adds to some £45 million that the Government are already spending in 2012-13 alone on supporting families and relationships.

The money will provide the sort of tangible help that makes a real difference to families’ lives when separation is involved, and it will do so in a way that supports children. It will cover the provision of an online distributable web application; training for voluntary and community organisations to provide telephone support and improved face-to-face support; and up to £14 million for the recently launched innovation fund, which will help innovative ideas to get off the ground and measure their success in supporting parents during family separation.

I reassure my hon. Friend the Member for Gosport (Caroline Dinenage) that we know that not everybody will be able to work together. She is absolutely right about that. The hard work that she does in her constituency proves that not everybody can come to their own arrangements. That is why we will also introduce a new statutory child maintenance service for parents.

My hon. Friend the Member for South Swindon (Mr Buckland) has immeasurable experience, and on a number of occasions I have had the benefit of his wisdom regarding reform in this part of my ministerial portfolio. He is right that tough enforcement action is needed. The Child Maintenance and Other Payments Act 2008 contains tough enforcement powers and we are committed to ensuring the implementation of the new statutory scheme, which will be introduced this year, along with powers to manage arrears of maintenance payments that have been accumulated under the existing scheme and are not collectible. We want to make sure, first and foremost, that we have the right statutory scheme before we take on those forcible powers that my hon. Friend thinks—and I agree—could work so well.

I will try to deal with the main issues raised in the debate. One that troubles many Members is that of non-resident parents whose lifestyles are inconsistent with their declared earnings. That is often coupled with being self-employed and other ways of playing the system that hon. Members have said some parents may be exploiting. The problem is not new and we think that our reforms will start to address it. We will use information from Her Majesty’s Revenue and Customs about taxable income alongside other data to calculate the amount of maintenance that a non-resident parent is required to pay, and that information will be updated every year.

That is an important innovation, because we will no longer have to rely on declared income and will move instead to a system that relies on data provided to HMRC. Of course, some individuals may not declare all their income to HMRC, but that is a different matter. We are working closely with HMRC to do as much as we can to ensure that such income estimates are accurate and kept up to date, which, under the current system, they are not. The right hon. Member for Stirling is probably aware of all those issues from her time in government, and I hope she agrees that this is an important step forward.

[Mrs McGuire]

Given that we are dealing with people who put in a self-employed schedule D return, as opposed to the pay-as-you-earn, can the Minister give us any indication about where she will be taking the declared income figure from? Will it be from declared income, or will it be from income after all the other legitimate deductions come off—car use, boots for work and so on; all of the things that can be taken down—so that the taxable income at the end is far lower than what the person actually draws in?

[Maria Miller]

The right hon. Lady will know that we are looking at those sorts of details right now. I take from her comments that she wants to ensure that we are dealing with an income that is representative of the income that an individual has, rather than an income that may be depressed for the purposes of the calculation that is being made. I assure her that those are exactly the sorts of conversations that we are having.

The change to using HMRC data will also give us a much more efficient system, getting money to children quicker and more effectively tracking down parents who fail to pay. On that note, my hon. Friend the Member for South Swindon raised an important issue regarding armed forces personnel. We are reviewing how to provide a service to assist service personnel in this respect. I hope he finds that reassuring.

My hon. Friend the Member for South Derbyshire (Heather Wheeler) raised an important issue relating to the 12-month rule. Since I became a Minister, I have looked at that in some detail. We are looking for the evidence needed to quantify the scale of the problem and to ensure that we understand it fully, but I understand her point. I have received other representations on the matter and officials are working with the legal community and with the Ministry of Justice to consider how we can resolve the problem. It cannot be right to have a system in which people can play the rules to their advantage. We must have a system that works equitably across the piece. I undertake to write to my hon. Friend in more detail about the actions we are taking and to keep her fully informed of how we move forward.

My hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) and various Scottish Members brought up the minute of agreement, which I have looked at in some detail. We do not feel that we can take that forward as part of the child maintenance system for which the Department for Work and Pensions has responsibility, but I know that my colleagues are well aware of it. If time were to permit—it does not today—I could talk a lot about the important innovations being made in the Ministry of Justice on mediation, which may well deal with some of the issues that the minute of agreement deals with.

In the few minutes that I have available, I wanted to address some of the other detailed points raised by my hon. Friend the Member for Loughborough, who is an assiduous constituency MP—