Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether her Department plans to increase oversight of Child Maintenance Service enforcement via (a) independent bodies and (b) ombudsmen.

The Child Maintenance Service will do everything within its powers to make sure parents comply. Where parents fail to take responsibility for paying for their children, the CMS will not hesitate to use the range of enforcement powers available. The CMS is committed to using these powers fairly and in the best interests of children and separated families.

All calculation decisions made by the CMS can be appealed through the mandatory reconsideration process and beyond that, to the Independent Tribunal Service.

When parents continue to be non-compliant, the CMS may apply to court for a Liability Order. A Liability Order allows the CMS to formally have the debt a paying parent owes legally recognised in a court of law and is required before the CMS can take certain other enforcement actions. The paying parent is given the opportunity to attend a Liability Order hearing.

Following a Liability Order, the CMS can consider which enforcement method to proceed with depending on the circumstances of the case, and the welfare of any qualifying children involved. Where appropriate, the CMS may choose to return to court to pursue further enforcement. This could lead to a magistrates’ court disqualifying a parent from holding or obtaining a driving licence for up to two years or committing them to prison for a maximum of six weeks.

Throughout this process, the paying parent has the right of appeal to a court of law against the ongoing legal action. The level of court may differ, depending on the enforcement measure being appealed. Most appeals are made to a magistrates’ or county court, or in Scotland to the Sheriff Court.

There is also a robust complaints process, which gives parents opportunities to seek redress when the CMS does not meet their expectations. When a client is dissatisfied, the CMS tries to resolve the issue as quickly as possible, without the need for a formal complaint. If the client remains dissatisfied, the Department for Work and Pensions Complaints Team looks at and responds to their complaint. After that, they can raise it with the Independent Case Examiner and finally with the Parliamentary and Health Service Ombudsman, through their Member of Parliament.