Child Support Collection (Domestic Abuse) Bill

Chris Clarkson Excerpts

Friday 28th October 2022 Commons Chamber

[Peter Gibson]

I am grateful to my hon. Friend for that intervention. It is clear to all of us with any knowledge of domestic abuse that perpetrators use the tool of coercion and financial control in all sorts of forms against victims.

In autumn 2021, the Government commissioned an independent review of ways in which the child maintenance system supports survivors of domestic abuse. The review was completed in April 2022 and its findings are now being considered. Could the Minister provide a timeframe for when we might be able to expect the Government’s response?

Child maintenance payments are key to reducing the net number of children living in low-income households, through both family based arrangements and Child Maintenance Service arrangements. It is estimated, as we have heard, that there are 2.3 million separated families in Great Britain, comprising 3.6 million children. Some 60% of those separated families have a child maintenance arrangement; two thirds are non-statutory and one third statutory. Some 846,300 children are covered by Child Maintenance Service arrangements, with 526,000 of them covered through direct pay arrangements, and 298,000 through the collect and pay service. The number of children covered by Child Maintenance Service arrangements also increased by 26,300 between March and June 2022.

The Child Maintenance Service manages cases through two service types: direct pay and collect and pay. In direct pay cases, the Child Maintenance Service calculates how much maintenance should be paid, and the paying parent pays the maintenance to the receiving parent directly. For collect and pay, the Child Maintenance Service calculates how much maintenance should be paid, collects the money from the paying parent and pays it to the receiving parent. There are collection charges for the use of the collect and pay service—20% on top of the liability for the paying parent, and 4% of the maintenance received for the receiving parent. Under current legislation, direct pay is the default option unless both parents request collect and pay or the receiving parent requests collect and pay and the paying parent is deemed unlikely to pay by demonstrating an unwillingness to pay their liability. This is so that paying parents have the option to not incur additional charges should they pay in full and on time. This applies to all cases irrespective of any other personal circumstances between parents, including domestic abuse. By requiring receiving parents who are the victims of domestic abuse to use the direct pay service, the current system in place for child maintenance forces them to have continued contact with their abuser, increasing the harm and risk posed to victims of domestic abuse.

Domestic abuse services have reported examples where Child Maintenance Service staff have asked a victim or survivor of domestic abuse to try to put direct pay arrangements in place first, before asking for intervention by the CMS. Refuge has also reported that CMS staff have asked victims or survivors of domestic abuse to try to find out details of their abuser’s earnings and workplace themselves, which carries a significant risk by forcing the victim to have contact with their abuser.

It is absolutely wrong that under current legislation a paying parent who has been abusive towards the other parent can refuse the collect and pay option, meaning direct pay must be used. Direct pay gives the abusive parent access to the abusee’s bank account details, allowing abusers the opportunity to use the banking system to continue their abuse through harassment using payment.

[Chris Clarkson (Heywood and Middleton) (Con)]

My hon. Friend is making an extremely powerful speech.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. You do not have to look at me if it is too painful, but please at least face the microphones.

[Chris Clarkson]

Mr Deputy Speaker, you just can’t have too much of a good thing.

My hon. Friend is making a powerful and relevant speech. On the payment arrangements for collect and pay, the payer has to pay 20% but the recipient has to pay 4%. Does my hon. Friend agree that the arrangement should perhaps be looked at more thoroughly, so if somebody is forced to use this arrangement because of the bad behaviour of the other party, they should not be liable for that extra 4%?

[Peter Gibson]

My hon. Friend makes an important point, and I am sure the Minister will, having heard him, address it in summing up.

To return to the use of the banking system as a means of perpetrating abuse, I have worked with a number of banks on this and know that many are working on ways to stamp it out. Abusers can also use non-payment and deliberate payment on irregular days to interfere with means-tested benefit entitlements. No victim or survivor of domestic abuse should ever be told or forced to contact their abuser; it is unquestionably a moral wrong.

I understand that these issues have been a source of controversy since the inception of the current CMS and the introduction of the direct pay service and charging, and the Bill will bring a long overdue and welcome change to the system. I am also glad that the Bill will extend not only to England but to Scotland and Wales, providing consistent protections to victims of domestic abuse across Britain. It is regrettable, however, that the current suspension of the Northern Ireland Assembly means it has not been possible to extend the protections to the entirety of the United Kingdom.