Child Support (Enforcement) Bill

Gagan Mohindra Excerpts

3rd reading
Friday 17th March 2023 Commons Chamber

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

May I first acknowledge that my hon. Friend the Member for Stroud (Siobhan Baillie), who is not here today, has done some excellent work on this Bill, as has my hon. Friend the Member for South Ribble (Katherine Fletcher) in moving its Third Reading today? I was lucky enough to be called on Second Reading in December. Previous speakers have acknowledged, as would everyone in the House, that many parents are struggling because of recent price rises. I welcome the fact that supporting parents, both single parents and those who are together, was a key theme in this week’s Budget. Childcare provision has been expanded to 30 hours per week for children aged nine months to four years to help drive down household costs, as well as to give parents breathing space to pursue both personal and professional opportunities. However, I am aware of cases, both in my constituency and across the country, of parents struggling further because of a lack of financial support from co-parents with whom they no longer reside.

Parents have a duty to support their children, and that duty remains even if they are not the main day-to-day carer and/or residing parent. I understand that relationships and marriages can break down, for an array of reasons, and parents can often wish for limited communication with their former partner. But in the cases where parents look at ways of minimising child maintenance payments to their former partners, that ultimately means less money available to their children day to day: less money for school uniforms, for food and for extra-curricular activities, which are a vital part of developing skills for children at a young age.

My constituency is home to a lot of young families. One of these constituents, Nicola, came to visit me at my surgery in Croxley Green in April 2022. She is a single mother of two daughters and she came to discuss the difficulties she had experienced in getting paid fairly by the children’s father. What struck me most—this goes back to my point about how these cases can often punish the children most—is that there had been multiple instances of her daughters crying in school because of the nature of their parents’ relationship. Nicola told me about her frustration with the enforcement by the CMS; by September 2022, her former partner was in arrears by more than £13,000. Although the DWP have identified that there are issues with the amount the children’s father has to pay, it has highlighted difficulties in enforcement and delays in carrying out further financial investigations. It has now been a year since Nicola first came to see me, which highlights the difficulties I know many parents have in receiving the child maintenance payments they deserve. It is also a perfect example of how the DWP and CMS are somewhat limited in their powers in investigating and enforcing in these cases.

That is not to say that the CMS and the Government have not done a good job in ensuring that correct payments are made. In the past 12 months, the CMS has arranged more than £1 billion in child maintenance payments. In 2021-22, the Government made more referrals to enforcement agencies than in any other previous year, and the number of liability orders applied for each year is now back to pre-pandemic levels. The CMS works with other Government departments to improve the use of enforcement powers and to explore the possibility of introducing new powers for cases in which people are being wanton.

I welcome the fact that this Bill has been introduced and that it addresses the gaps in the DWP’s enforcement powers. The Bill will amend not-yet-commenced primary legislation to enable the DWP to take further enforcement action without the need to apply to the magistrates or sheriffs courts, instead allowing the Secretary of State to make an administrative liability order. That power, once enacted, will allow enforcement measures to be used more quickly against parents who have failed to meet their obligations. It is crucial that the system is built to ensure fairness for hard-working parents and, most importantly, that it supports the children, who in these cases are the most important. To support people such as Nicola up and down the country, I will be supporting this Bill.