Child Maintenance Service

Nigel Mills Excerpts

Tuesday 27th February 2024 Westminster Hall

[Nigel Mills (Amber Valley) (Con)]

I congratulate the Chair of the Work and Pensions Committee, the right hon. Member for East Ham (Sir Stephen Timms), on arranging this debate.

It is not too naive to say that we would all like parents who separate to reach an amicable arrangement on access and maintenance for their children, so the state does not have to get involved at all. However, I suspect that is somewhat unlikely to happen in every case, hence why we need to have this service. The problem is that the service is not sufficiently effective. It creates more need for itself because some parents think that they can get away with it and try not to pay, so we force the family through the system to try to fix the situation.

If there was a general feeling that a parent who did not pay their maintenance would get caught and have to pay more, we might actually push more parents to reach an amicable arrangement rather than try this route, and we would not end up having to be the referee or the battering ram that we were desperately trying to avoid in the first place. I remind the Minister that having a service that actually works is not inconsistent with the Government’s overall aim of not getting involved unless they really need to: that would stop some of the demand in the first place.

The cases that most frustrate me are the ones that are superficially easy. The parent who should be paying is in employment and has a relatively stable income, which we can see through a real-time information feed, and they either do not pay at all or do not pay regularly. It is incredibly frustrating to see how long it takes for any enforcement action to be taken in that situation. We see scenarios where that person does not pay for a bit, finally gets some threats and starts paying for a couple of months, and then stops paying again, and the whole process has to start again. It is effectively just a game that they are playing. We end up with huge arrears building up, the parent with care struggling financially and the child losing out.

I hope that, now we have administrative liability orders in place that can be brought in much more quickly, we can stop those situations from arising. I certainly hope the CMS can monitor how fast arrears are building up and how quickly the orders are being put in place, so that we can show real progress and so those arrears do not get to the stage they have been getting to in the past.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am grateful to my colleague on the Work and Pensions Committee. He and I were at the roundtables we had in Greater Manchester where we heard from both paying and receiving parents. There were harrowing stories of parents who were in arrears. We heard a story of someone who unfortunately had died. Is he as concerned as I am about the reports around the deaths of both paying and receiving parents, and the fact that that has not been adequately considered in the handling of those parents by the CMS? What does he think we should be doing about that?

[Nigel Mills]

I agree with the hon. Member that those stories were incredibly concerning. That reinforces the point that if we get this right early, and everyone knows what they should be paying and it is enforced, hopefully some of that stress goes away. The Chair of the Select Committee, the right hon. Member for East Ham, rightly made the point that we should be looking at the thresholds and the calculations to ensure that they are fair on all parties.

The other situation that frustrates me concerns when somebody has arrears and is sent the demand. I have seen cases where someone is sent five demands in a week, all with different numbers and vastly different by thousands of pounds. I naively assumed that when somebody is sent a demand with arrears, a calculation is made on the system to come to that number and that when somebody asks for it, CMS can just press a button and it will be emailed over, so the person can work out how it has come to that number. That is not the case. It takes weeks and weeks. The chief executive said before the Select Committee that it is a 12-week turnaround.

How can the CMS send a demand out for arrears without calculating it? When that person finally gets the calculation, they think, “I’m paid monthly, and there is a certain percentage I have to pay. I get paid two grand a month and pay 15%. That is £300. I have paid £200, so I owe £100”—a simple calculation. What they get is 16 sides of calculations and, for some reason, it is done by weekly income. It is totally unfollowable. I would seriously urge the Minister to look through some of these calculations, if he has not done so. There must be a better way of doing it, so that everybody understands what they owe and can check it to prove whether it is right. It cannot be that complicated.

Finally, will the Minister look at where child maintenance arrears sit in the universal credit deductions? They sit a long way down, and below debt owed back to the Department. If we really think this money is essential for child welfare, we should be letting the parent with care have that money before we take it back to pay debts owed to the state, and it should be much higher on the list.