Child Support (Hansard, 25 February 1998)

§ Mr. Keith Bradley

The administration of the Child Support Agency is a matter for Mrs. Faith Boardman, the Chief Executive. She will write to the hon. Member shortly.

Letter from Mrs. Faith Boardman to Mr. Archy Kirkwood, dated 24 February 1998: I am replying to your Parliamentary question relating to Court action taken in Child Support Agency cases with debt. Your question mentions "cases being dealt with by litigation teams". Since the introduction of the Agency's Debt Management System this structure has been replaced by Debt Management teams and Enforcement teams. Where a case has debt or an arrangement for paying off debt breaks down, the first stage is progressed by the Business Unit Debt Management Teams. They contact the absent parent, or the absent parent's employer where a deduction from earnings order is in place, to try to establish a voluntary arrangement with the absent parent for paying the debt or resolve difficulties an employer may be experiencing with a deduction from earnings order. We are taking a far more robust approach to non compliant absent parents. In the case of employed absent parents we are imposing a greater number of deduction from earnings orders and are doing so more quickly. A case will only be referred on to the Enforcement Team for litigation where it has not been possible to come to a voluntary arrangement with the absent parent, or the employer refuses to implement a deduction from earnings order. In this financial year to the end of January, 2,216 new cases were sent to Enforcement 305W teams. The Enforcement teams apply to the Magistrates Courts in England and Wales and Sheriffs courts in Scotland for liability orders where, despite all efforts, the absent parent refuses to come to a voluntary arrangement. So far this financial year, the Agency has applied for 1,536 liability orders in England and Wales and 207 in Scotland. In the main these cases referred to self employed absent parents, but there are some employed absent parents included within the figures with a high level of protected earnings for whom a deduction from earnings order is not appropriate. The Agency has been looking at the way that we deal with self employed cases to improve the rate of compliance; difficulties with this client group are not unique to the Agency. Once a liability order has been granted by Magistrates or Sheriffs there are a variety of methods which can be used to enforce the order. In England and Wales, the Agency decides how to apply liability. This can be by garnishee order, charging order (against capital assets), levying distress with bailiffs or registering the debt as a County Court Judgement on the register. If unsuccessful, the case can be referred back to the Magistrates Court for committal proceedings which may ultimately lead to imprisonment. 306W In Scotland cases are referred to the Sheriff's Court to decide on liability. If the Sheriff grants a liability order, official Scottish Office solicitors decide on the action to be taken to enforce the order. This can be done by poinding (warrant of sale), arrestments of bank account, a bill of inhibition (forced sale of property or land), decrees; or, if all else fails, cases are referred to the Procurator Fiscal to decide on prosecution. The Agency looks to use any and all enforcement methods legally available to us, but experiences the same difficulties (as was the case under the previous court based maintenance system) other litigants experience in enforcing a civil debt. So far in 1997–98 we have been successful in registering debt by County Court Judgement in 368 cases. Where all other action has failed, the Agency has pursued cases for prosecution; between November 1997 and January 1998 a total of 6 suspended custodial sentences were imposed. Throughout the Debt Management and Enforcement process, absent parents are given every opportunity to make a voluntary arrangement to pay off their child maintenance debt. The majority do agree to make an arrangement and only in a very small minority of cases is legal action actually taken. I hope this is helpful.