Child Support Collection (Domestic Abuse) Bill

Louie French Excerpts

Friday 28th October 2022 Commons Chamber

[Anna Firth (Southend West) (Con)]

I congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on bringing forward this incredibly important Bill. I also welcome the new Minister to his place—I am sure we can expect great things over the coming months. My hon. Friend the Member for Hastings and Rye is a real champion for women and children in this place. As a fellow lawyer, I know the importance that she places on ensuring that we have good laws that are implemented properly to protect children and mothers in particular.

This is a vital Bill. The breakdown of any relationship is obviously sad, but especially when children are involved. It is a fundamental part of our system, however, that no mother should be left to support her children alone following the breakdown of a relationship. That has been true in our country for centuries, but the Child Maintenance Service, which was launched in 2012, was supposed to enforce that basic right.

To put the Bill in context, there are an astonishing 2.3 million separated families in the UK, and 3.6 million children are part of those families. Of those 3.6 million children, almost 850,000—not far short of 1 million—are covered by Child Maintenance Service arrangements. It is vital that those arrangements are fit for purpose and that children are not left high and dry. Sadly, that system is not always fit for purpose, which is why we need this vital Bill.

[Mr Louie French (Old Bexley and Sidcup) (Con)]

My hon. Friend is making an excellent speech. I wholeheartedly support the Bill. Many of my constituents have been in touch to highlight that, when they have requested to move to the collect and pay service, they have been rejected due to arrears from the paying parent. Does she agree that ensuring that arrears are not a barrier to entry to the collect and pay service is vital for the victims of domestic abuse?

[Anna Firth]

Yes, this is another way in which the father, or the estranged parent, uses money as a form of control. Dealing with the arrears part of the system is vital.

The other week, my brilliant caseworker, Charles, brought to my attention one case that, frankly, appalled me, but these are common cases; we all receive such cases in our inboxes every week. The marriage of one of my constituents broke down in 2018, and she became the primary carer for the three sons. The Child Maintenance Service decided on an amount to be paid by the father, but the father had not disclosed a large personal income. My constituent appealed against this and it took two-and-a-half years before the Child Maintenance Service agreed with her that the father was underpaying. It then set a new repayment schedule and allowed the father to pay off that debt in small instalments each month, thus penalising my constituent and her children through absolutely no fault of their own. As I understand it, he did not start paying off the debt; it is still accruing and the Child Maintenance Service is doing very little to help.

My constituent has had to fight every step of the way to ensure that her children’s father actually pays what he needs to, and we have still not reached a conclusion. Quite frankly, this sort of behaviour is abuse. It is using money as a weapon. It is a form of domestic abuse and no one should have to go through it. The Child Maintenance Service must be informed to ensure that mothers are not left out of pocket by their ex-partners. This Bill is a vital way of advancing us on that journey.

The Bill, so ably spearheaded by my hon. Friend, will amend primary legislation to allow victims of domestic abuse to use the collect and pay service where there is evidence of domestic abuse against the requesting parent—this could be the paying or the receiving parent—or even children in their household by the other parent involved in the case.

As other hon. Friends have mentioned, there are collection charges for the use of the collect and pay service. I do not complain about the 20% on top of the maintenance liability for the paying parent, but the 4% charge that the receiving parent must pay is wrong and should be amended. I understand that, although the Minister is clear that charges are the right approach for current users of the service, he is willing to consider whether an exemption may be appropriate in these cases. I look forward to hearing him clarify that point in his summing up.