Child Support Collection (Domestic Abuse) Bill

Mims Davies Excerpts

Friday 3rd March 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

Before we get on to proceedings, I remind Members of the differences between Report and Third Reading. The scope of debate on Report is limited to the amendments I have selected. The scope of the Third Reading debate that follows will be the whole Bill, as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to catch my eye.

New Clause 1

Collection of maintenance in Northern Ireland: cases involving domestic abuse

‘(1) The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is amended as follows:

(2) In Article 7 (child support maintenance)—

(a) after paragraph (3) insert—

“(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B) For the purposes of paragraph (3A), ‘relevant abusive behaviour’ means—

(a) where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b) where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).”;

(b) in paragraph (4) (purposes for which regulations may require information to be provided)—

(i) omit the “and” after sub-paragraph (b);

(ii) after sub-paragraph (c) insert “; and (d) the making by the Department of a determination for the purposes of paragraph (3A).”

(3) In Article 29(1) (collection of child support maintenance)—

(a) after “7(2A)” (as inserted by Article 127(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))) insert “and (3A)”;

(b) after “7(2)” insert “or (3A)”.

(4) In Article 48(2)(a) (regulations to be laid before Assembly after being made), before “9(1)” insert “7(3A),”.’—(Mims Davies.)

This new clause makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to those clause 1 of the Bill makes to the Child Support Act 1991 in respect of England and Wales and Scotland.

Brought up and read the First time.

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Sir Roger Gale)]

With this it will be convenient to discuss the following:

Amendment 1, in clause 4, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.

This amendment is consequential on NC1.

Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 3.

Amendment 3, page 3, line 20, at end insert—

“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”

This amendment provides for NC1 to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991.

Amendment 4, page 3, line 24, at end insert—

“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).

(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)).”

This amendment enables the Department for Communities in Northern Ireland to make transitional or saving provision in respect of Northern Ireland corresponding to that which may be made by the Secretary of State in respect of England, Wales and Scotland.

[Mims Davies]

New clause 1 makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to the amendments this Bill makes to the Child Support Act 1991 in respect of England, Wales and Scotland. The amendments make provision for Northern Ireland to allow victims of domestic abuse who use the Child Maintenance Service, to request the collect and pay service on the grounds of domestic abuse and where there is evidence of domestic abuse against the requesting parent or children in their household by the other parent.

Child maintenance is devolved in Northern Ireland; however, the Northern Ireland Assembly has typically made legislation that mirrors Great Britain. Due to the current suspension of the Assembly, it is not possible for Northern Ireland to make the necessary mirroring legislation at this time, although we all hope that situation will change as soon as possible.

As hon. Members will know from the Bill’s Second Reading and Committee stage, these proposals did not initially extend to Northern Ireland, as Northern Ireland colleagues were unable to obtain a legislative consent motion, which would be the normal process. However, as described, in the continued absence of a functioning Assembly, officials in the Department for Communities in Northern Ireland have confirmed that they wish Northern Ireland to be included within the scope of the changes proposed in the Bill, and I can confirm to the House that approval in principle has been obtained from the relevant officials of the Department for Communities.

In considering this new clause, I remind hon. Members what the Bill is intended to achieve: better support for victims of domestic abuse. The Bill will amend primary legislation to allow a parent, or a child in Scotland, to request the collect and pay service on the grounds of domestic abuse where there is evidence of abuse against them or children in their household. It is an important measure for domestic abuse victims who use the CMS, as they will be able to decide which service type is best for them and their circumstances.

I turn now to the amendments. Amendments 1 and 2 are consequential amendments. Amendment 3 provides for the new clause to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991. Amendment 4 will enable the Department for Communities in Northern Ireland to make transitional or saving provision corresponding to that which can be made by the Secretary of State in respect of England, Wales and Scotland.

This Government take the issue of domestic abuse extremely seriously, and the Child Maintenance Service is fully committed to ensuring that all parents get the right support and are safe when using the service. I am delighted that these important measures will be implemented in Northern Ireland. I am sure Members agree that this important protection should be available to people across the United Kingdom, so this amendment and the other consequential amendments will ensure that victims of domestic abuse in Northern Ireland can benefit from the provisions in the Bill.

Members have previously raised the issue of domestic abuse training. I want to reiterate that the CMS has substantially strengthened its procedures and processes through the introduction of mandatory training and new and updated tools for customers who are experiencing domestic abuse. The CMS will rightly be reviewing this training following the independent review. I remind the House that the application fee is waived for those who have suffered domestic abuse. The CMS will act as an intermediary in direct pay cases to facilitate the exchange of bank details, to ensure that no personal information is shared. The CMS provides information on how to set up bank accounts with a centralised sort code, which allows survivors of abuse to be safe and not to be traced.

During the passage of the Bill, it has been important for Members to understand how the wider Department for Work and Pensions can help people experiencing domestic abuse. I will take this opportunity to mention Ask for ANI, a code word scheme that allows domestic abuse victims to signal discreetly that they need support. This initiative, which was developed by the Home Office and supported by delivery partner Hestia, has been made available to over 500 pharmacies since January 2021. Anybody who is suffering from or fearful of domestic abuse can use Ask for ANI when they are engaging with the Child Maintenance Service, and they will be guided to a safe space to share their practical concerns and be offered support, perhaps by calling the police or reaching out to specialist domestic abuse services.

The DWP is committed, as part of the Home Office’s tackling domestic abuse plan, to piloting the Ask for ANI initiative in jobcentres, and those pilots are already under way in England, Wales, Scotland and Northern Ireland. I want to reiterate to anybody who is concerned about this matter, no matter where they are in the United Kingdom, that the Child Maintenance Service is there and able to support those who come forward.

The review set out some clear recommendations on how the CMS should respond to domestic abuse, and the Government published their response on 17 January 2023. The review finds that the CMS has worked very hard to develop and improve its domestic abuse practices. As Members will know, people who engage with the CMS often have the most complex cases and needs, so it is right that we have taken the chance to learn lessons and ensure that there are practical steps to help separated parents who are experiencing abuse to set up safe maintenance arrangements. As I said in relation to the amendments, this will be available across the United Kingdom. The Government have accepted eight out of 10 of these recommendations.

--- Later in debate ---

[Mims Davies]

There is so much to say and so much to respond to. I join hon. Members across the House in congratulating my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on navigating this important Bill to its Third Reading. I thank her for promoting the Bill and for her excellent contributions throughout its stages. Promoting a Bill is not easy. I absolutely commend her for her commitment and delivery.

I thank all hon. Members who have highlighted the importance of the Bill in better supporting those who have suffered domestic abuse. I also thank the Opposition for their support. My hon. Friend the Member for Sedgefield (Paul Howell) rightly raised the point that people avoid payment as a way of continuing to exert control, which is absolutely wrong. My hon. Friend the Member for South Cambridgeshire (Anthony Browne) spoke about people continuing to using finances to control their former partners, which is completely unacceptable and shows why the Bill is so important. My hon. Friend the Member for Great Grimsby (Lia Nici), who understands single-parentdom as I do, spoke about the importance of tackling abuse and about systems and procedures can continue to facilitate abuse. That has to be stopped, which is what the Bill will do.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I welcome the Bill and congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart). Does the Minister agree that the Bill builds on what the Government did in the Domestic Abuse Act 2021, on the Bill Committee of which I was very proud to serve? This Bill sends a very clear message to survivors of domestic abuse that we will protect them all the way through, even after abuse has stopped, and that child maintenance support will not be used as another tool in the box by perpetrators of domestic abuse.

[Mims Davies]

I thank my hon. Friend for raising that point, particularly as we approach International Women’s Day. My hon. Friend the Member for Great Grimsby spoke about the same issue. The Domestic Abuse Act brings children into scope, which is incredibly important. We know that abuse affects not just partners but whole families. I spent a very brief time as Minister responsible for safeguarding, but I would like to use this opportunity at the Dispatch Box to say that this is about criminality in the home. It is not acceptable, and it is not the way people should be behaving. We will make sure that these processes work for all types of families, who are very often in the most complex scenarios. Ultimately, using finance or any other form of weaponisation is absolutely wrong and abhorrent. I thank my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for making that important point.

The hon. Member for Lewisham, Deptford (Vicky Foxcroft) mentioned the hon. Member for Birmingham, Yardley (Jess Phillips), whom I have met and engaged with strongly. I have taken on board all her points about control and about training, and I will cover some of them in my remarks, if I may.

I fully agree with my hon. Friend the Member for Barrow and Furness (Simon Fell) and join him in paying tribute to the third sector organisations that do so much in this space: they advise us on policy and insight and have been extremely helpful with the Bill. I thank my hon. Friend the Minister for Disabled People, Health and Work for his excellent contribution on Second Reading. I also thank my noble Friend Viscount Younger of Leckie, who has recently taken over day-to-day ministerial responsibility for the Child Maintenance Service. I work extremely strongly with him, and I know that he is fully committed to supporting the Bill’s important measures in the other place. I am grateful to all hon. Members who spoke in Committee and have helped to shape the Bill. I very much appreciate their important insights.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I want to put on the record my congratulations to my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) on the incredible work she has done to get this important piece of legislation to this stage.

I join the Minister and my hon. Friend the Member for Barrow and Furness (Simon Fell) in speaking about the third sector. There is a fantastic Stoke-on-Trent North resident called Laura Carter, who runs what was originally Mums of Stoke and is now Women of Stoke. She does incredible work helping women who are fleeing domestic violence to set up new homes and gathering donations of basic things, such as food, as well as beds, furniture and uniforms for children. I was formerly a teacher for eight and a half years and worked on safeguarding as a head of year. Does the Minister agree that it is absolutely disgusting that children are used as a weapon or tool to coercively control women, which is totally unfair and unnecessary, and that, as well as people who do that having to pay their fair share, we should use the legislation we have passed in the House to throw the rulebook at them and, where necessary, put them in jail?

[Mims Davies]

My hon. Friend characteristically highlights what is at the heart of what we see in many of our constituency meetings. As the daughter of a women from Stoke-on-Trent, I absolutely agree and thank him for giving a voice to his constituents and our communities, which is incredibly important.

I reiterate that the Government take domestic abuse extremely seriously. We have acted on this issue in a way that no Government have before. The CMS is fully committed to providing the right support and ensuring that it is safe for people to use the service. It seeks to tackle any stigma of what the Child Maintenance Service is about and how it can support people. I take this opportunity to remind people that domestic abuse can take many forms. Whether it is physical, emotional or financial abuse, violent or threatening behaviour or coercive control, the CMS has the procedures in place to ensure that cases are handled appropriately, whatever the circumstances. I hope the hon. Member for Lewisham, Deptford will understand that, and I will outline how we have moved some of those processes on.

For customers using the direct pay service, the CMS can act as an intermediary to facilitate the exchange of bank details to ensure that there is no unwanted contact between parents and that no personal information is shared, which is important. CMS caseworkers also provide information on how to set up bank accounts with a centralised sort code, which reduces the risk of a parent’s location being traced. I am aware that, in complex scenarios, people will be worried about sharing information. We need them to feel safe, so that children can be supported by their parents. The application fee is waived for survivors of domestic abuse, and CMS caseworkers will signpost people where necessary to suitable domestic abuse support organisations, which we have heard about today.

As my hon. Friend the Member for Hastings and Rye said, throughout this Bill’s passage hon. Members have been keen to see the publication of the independent review of the ways in which the CMS supports victims of domestic abuse. I am pleased that it was published alongside the Government’s response and recommendations on 17 January. I was involved in those responses and the engagement with the third sector and stakeholders. Dr Samantha Callan has done a remarkably positive job in sharing the review’s recommendations as part of that publication.

As hon. Members will have seen, the independent review found that the CMS has worked hard to develop and improve its domestic abuse practices. Since that review was undertaken by Dr Callan, the CMS has implemented new domestic abuse training measures, including mandatory training for CMS staff on how to respond to domestic abuse cases, ensuring that its caseworkers are well equipped to support parents in those vulnerable situations. The training enables caseworkers to understand how domestic abuse can take various forms—physical, financial, emotional and psychological —so that the CMS can signpost customers to appropriate support such as domestic abuse advocacy groups and, if necessary, advise on contacting the police. Where parents do not feel able to do this, caseworkers will ask whether they are content for them to call the police on their behalf.

The CMS has also implemented a new call script that directly asks about abuse and signposts customers to very specific advice and, importantly, expertise. CMS caseworkers also have a complex needs toolkit, which includes clear steps to follow in order to support customers who are experiencing abuse. This toolkit is regularly reviewed and strengthened using customer insight. Again, the Minister in the other place and I are taking a clear interest in how the toolkit works.

However, as the review points out, there are further steps that the CMS can take. The Government have rightly accepted eight of the review’s 10 recommendations, and we are strongly committed to taking them forward and reviewing the training to ensure that it remains up to date and, most importantly, aligned with best practice.

I spoke earlier about the Ask for ANI pilot roll-out and extension, alongside our J9 interventions through Jobcentre Plus. I reiterate that, in the light of today’s amendments, the Department of Health in Northern Ireland has made pharmacies aware of the Ask for ANI scheme, too. Four jobs and benefits offices in the Department for Communities are also offering Ask for ANI support. Wherever people need help, there is a way for them to get support, which is important.

Dr Callan’s report also includes recommendations to enable cases to be moved to collect and pay where there is evidence of domestic abuse, which is precisely what this Bill aims to do. The Bill also amends primary legislation to allow for a parent or child in Scotland to request collect and pay on the grounds of domestic abuse where there is evidence of abuse against them or, indeed, against children in the household.

To get these proposals right, to target the right parents appropriately and to make sure we have the right evidence of domestic abuse, we will table secondary legislation.

[Bob Blackman (Harrow East) (Con)]

Like my hon. Friend the Member for the two Cities, if I might put it that way—the Member for Cities of London and Westminster (Nickie Aiken)—I was heavily involved with the Domestic Abuse Act 2021. Does the Minister think it would be a good idea for children’s social workers, in particular, to wear body cameras to record what happens when they go into a home, to spot the signs of domestic abuse, rather than relying on hearsay evidence reported to their seniors when making key decisions about what happens to the child and, indeed, the abusive parent?

[Mims Davies]

I thank my hon. Friend for his remarkably insightful idea. Children’s social work is an incredibly brave and diverse job, as we are asking people to go into homes and make judgments. Of course, the police are now wearing body cameras, and Ministers should take note of his view. It is very difficult to look at both sides of the coin, and photographic evidence could be extremely helpful. I am sure that putting it on the record has strengthened his resolve, for which I thank him.

We will engage stakeholder groups including, my hon. Friend will note, the Home Office, the Ministry of Justice and the devolved Administrations, where appropriate, on secondary legislation to ensure that parents are fully supported. The secondary legislation will follow the affirmative procedure, so hon. Members will be able to vote on the proposals. We aim to produce robust evidence requirements that are fully sensitive to the needs of domestic abuse survivors, and we will ensure that all relevant data and insights are thoroughly considered.

I will make some progress, because there are other important Bills to debate this morning. I turn to the collection charges for the use of the collect and pay service, including the 20% on top of the maintenance liability for the paying parent and the 4% of the maintenance received by the receiving parent. Some hon. Members have expressed strong views on the issue. I understand their concerns, but they should note that the charges were introduced with the 2012 child maintenance scheme, which included charging, and has led to an increase in family-based arrangements that are, on the whole, much better for children—indeed, too few people have family arrangements.

We recognise, however, that many of the parents who need the support in the Bill are some of the most vulnerable. Given the circumstances, therefore, alongside the development of secondary legislation, we will look at the charging structure for the use of the collect and pay service, and how that will interact with the proposed changes for victims of domestic abuse in such cases. The secondary legislation will be brought forward as soon as parliamentary time allows. I hope that provides some reassurance to hon. Members on both sides of the House.

[Vicky Foxcroft]

I thank the Minister for her commitment to look into the issue and that it will be done in future. Can I press her further to give us some idea of when that might be?

[Mims Davies]

The hon. Lady should expect it to be early 2024, but I am keen to get on with it. I hope that is a timetable that we can stick to, but we will do our best to bring it about sooner.

On the Northern Ireland amendments, I reiterate that it is important for the measure to cover the whole United Kingdom. I thank all hon. Members and assure them that the Child Maintenance Service is fit for purpose and fully committed to supporting all parents to ensure that they have safe and agreeable arrangements that work for them. I pay huge credit to my hon. Friend the Member for Hastings and Rye for bringing the Bill forward and navigating its safe passage. I am pleased to reiterate the Government’s support for the Bill. We will continue to support and guide it as it moves through Parliament.