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The Department is too slow to take effective enforcement action, leaving children without maintenance for...

Recommendation
The Department is too slow to take effective enforcement action, leaving children without maintenance for too long and allowing child maintenance arrears to grow. The Department designed its CMS scheme to encourage parents to use Direct Pay first, and the supporting legislation forces some receiving parents onto Direct Pay even when they assert correctly that their ex-partner will not pay. It is therefore no surprise that around half of new Direct Pay arrangements are either not sustained or are not effective, allowing unpaid maintenance debts to build to an average of £1,100 before the parents eventually move onto Collect & Pay. The Department accepts that it needs to go further to identify non-paying Direct Pay cases more quickly. The Department has improved compliance rates on Collect & Pay but around half of paying parents still paid less maintenance than was due in the quarter ending September 2021. Where paying parents continue to be non- compliant, the Department is slow to advance cases onto civil enforcement action. The Department told us it wants to speed up its enforcement processes but is restricted in how it can pursue unpaid maintenance, as many of the enforcement steps are defined by legislation and require action by external bodies, such as the courts. As a result, it can take years before payments are made to receiving parents whilst arrears continue to build. In addition, some paying parents simply cannot afford maintenance payments, meaning enforcement is unlikely to result in any more maintenance actually being paid. The amount of money owed by paying parents is forecast to reach £1 billion by March 2031, and, without legislative change is at risk of growing indefinitely. Child Maintenance 9 Recommendation: The Department should, within one year: • conduct operational and user research to better understand how customers progress through its collection and enforcement process, to identify any operational or legislative barriers to reducing the ove
Government Response

A response document is linked to this report, dated 14 October 2022. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
HM Treasury
Timeline
Recommendation age 4.2 yrs
Report published 22 Jun 2022