Child Maintenance Service

Caroline Nokes Excerpts

Tuesday 27th February 2024 Westminster Hall

[Caroline Nokes (Romsey and Southampton North) (Con)]

As ever, Sir Charles, it is a pleasure to serve under your chairmanship. I congratulate the Chair of the Work and Pensions Committee, the right hon. Member for East Ham (Sir Stephen Timms), on securing this important debate.

The former Secretary of State, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), has made the point that when constituents come to our surgeries to discuss their Child Maintenance Service concerns, cases and complaints, it is almost invariably a very distressing meeting. I will not rehearse every case that has been brought to me, but I will highlight some issues that I have encountered recently.

A man was in tears because he simply could not get the Child Maintenance Service to adequately explain the arrears on his account. On the phone, he would be told that he owed nothing, but days later he would get a letter telling him he was several thousand pounds in arrears. A deduction from earnings order would then be attached to his employer, the Ministry of Defence. It became very difficult for him professionally, because he was not allowed to be in debt, yet whenever he spoke to the service on the phone, he was told that he was not in debt. There are complexities and confusions that still prevail within the system.

Another issue that I would like to highlight is the flip of that. There are several live cases that I keep raising with the Child Maintenance Service involving 17, 18 and 19-year-old children who are no longer in college, but whose parent is still in receipt of child benefit. The paying parent is still being asked to make contributions, yet they can produce evidence from the colleges to show that those young people are no longer attending. The parent with care is claiming that the child is still in full-time education, but the child is not. They are effectively fraudulently claiming child benefit, as a result of which the paying parent is still expected to pay their child maintenance contributions. They are not averse to supporting their children; they are just trying to make the point that this is a young person who is no longer in education. When they raise that with the CMS, the CMS takes it at face value when the parent with care says, “Yes, yes, yes—they are still attending college.” It is hugely problematic.

I think there are times in this place when we should confess our sins. Previously, for 12 months of my life, I was the Minister with responsibility for the Child Maintenance Service—a Commons Minister. I pay tribute to the Minister here today, who I know is going to do an admirable job in responding to us, but I want him to take a very strong message back to the DWP: there remains a great deal of unhappiness about how the system is or is not working.

During my time at the DWP, I was desperate to have the power to remove passports from non-paying parents. Several successive Ministers—my right hon. Friend the Member for North West Hampshire (Kit Malthouse) and my hon. Friends the Members for Gosport (Dame Caroline Dinenage) and for North Swindon (Justin Tomlinson), the latter of whom eventually delivered on that power—all followed in my footsteps to make the point that taking a driving licence away from a non-paying parent hampers their ability to go out to work. Taking their passport hampers their ability to take their new partner on a weekend to Paris. I know which would be more likely to be effective in my mind.

In the intervening years, we have taken only a handful of passports from non-paying parents. My hon. Friend the Member for Stroud (Siobhan Baillie), who has done so much good work on this, passed me a note that told me it was seven in 2022. It is just not good enough. If we are to have powers in place, like the curfews suggested by my hon. Friend the Member for Crewe and Nantwich (Dr Mullan) or those advocated for by my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), they have to be used. We have to make the point to non-paying parents that powers exist and they are going to be used robustly. If they do not cough up for their children, they will suffer the consequences. I regret that I still do not think we are getting that message across adequately.

Finally, I have veered away from the many times when I have accompanied constituents to tribunals and sat with them while their cases were heard by telephone; I have always sought to support them. I recently had a really concerning response from the DWP about a constituent who had sought a deduction from earnings order for a parent who had not paid for years for their children. The DWP responded that it could not grant a DEO because it was not confident of the non-paying parent’s address. We know that the DWP has the powers to look at HMRC records and that it can see where someone is employed, yet it was not confident of the individual’s address.

That sends a very clear message: if anyone wishes to be a non-paying parent, then they can just disappear. If they ensure that their partner cannot trace their address, the DWP will back off. To be quite frank, we should never be in a situation where the DWP backs off. Parents have a duty to support their children and I urge the Minister to take the message back that we must redouble efforts to ensure that non-paying parents are compliant.