Select Committee on Work and Pensions Minutes of Evidence


Examination of Witnesses (Questions 99-119)

MS NICOLA SIMPSON, MS JANET ALLBESON AND MS NANCY LOMBARD

13 OCTOBER 2004

  Q99 Chairman: Good morning, ladies and gentlemen. Can I call the Committee to order and welcome you all this morning. The Committee is in the middle of an inquiry into the performance of the Child Support Agency and we have got an important session of oral evidence this morning. Can I say at the very beginning that we have a young member of the Lombard family with us who is being encouraged to heckle us, but with a bit of luck he will be able to stay and he is very welcome. We have three distinguished practitioners in the field representing One Parent Families: Nicola Simpson, who is the Chief Executive; Janet Allbeson, who is a former distinguished servant of the Committee who is now Policy Consultant to One Parent Families, and Janet is particularly welcome back; and Nancy Lombard, who is a lone parent herself and is, as I say, welcome with family. Nicola, maybe you could start by just saying a bit about what your organisation is doing and introduce maybe the roles of Janet and maybe the role you want Nancy to play this morning, but really the first question I wanted to tax you with in substance is: how do you assess the performance of the Agency currently?

  Ms Simpson: Well, thank you very much for giving us the opportunity to attend today. Maintenance is very, very important to one-parent families. As you know, 45% of the poorest children are in one-parent families, so maintenance can make a huge difference. On our telephone helplines it is one of the top three enquiries that we have. Recently we did a survey of our members, and we were overwhelmed by the response we had, feeding back all of the frustrations and difficulties they were having with the CSA, Nancy is a member of One Parent Families. I suppose, finally, there is a lot of research and certainly our own experience is that if maintenance is paid regularly, it increases the chance of a woman staying in work much longer and keeping a job, so for a whole range of reasons maintenance is very important.

  Q100 Chairman: Well, the work that your organisation has been doing has been very helpful to lone parents generally over the years, so we are very grateful for that, but do I recall accurately that there was a newspaper report which said that some of your members were shunning up to a third of telephone calls with the CSA? You mentioned some of the survey work you have done on some of the telephone calls to the Agency, up to a third of which are abandoned by staff. Was that press report accurate? We would like to hear a little bit more about that if that is so. Janet?

  Ms Allbeson: I think certainly one of the things that comes through for our members is that communication with the Agency has been a real problem- people saying, "I'm on the phone every week twice a week"; they are running up huge phone bills trying to talk to the right person; they have to talk to a different person every time; there does not seem to be any facility for noting down what they said, and each time they ring, they are told different things. What comes across is absolute frustration, irritation and despair and just the emotional burden really of having to take on the Agency to try and get the maintenance that they are due.

  Q101 Chairman: Nancy, you are important in all this because you are a user at the end of the day and that is what the service is designed to serve. Just tell us a little bit about your experience. How would you rate the Child Support Agency today, the service that it provides to people like you?

  Ms Lombard: When I first contacted them, I think they were very helpful and there are workers that are very, very good and very good at getting back to you. But my experience is that I rang twice a week for 13/14 months, each phone call being maybe 20 minutes or half an hour which really builds up. No one will ever ring you back, but you are always encouraged to ring back later which increases your phone bill again and I suppose it is that frustration factor, that it does not come through. I thought that I always had to push for things, like I was told that I was not entitled to any maintenance because my ex-partner was a student and when I asked why that should be the case when he earned nearly £30,000, someone on the off chance that I spoke to said, "Actually you are right. Maybe we should look into that. Maybe you can apply for a variation", so I was lucky that I managed to speak to one person who knew, whereas I had spoken to 10 people who had told me I was not entitled to anything.

  Q102 Chairman: So how does that affect your feeling for the Agency? I do not want to put ideas in your head, but do you have confidence in the system as it is currently constructed?

  Ms Lombard: No, no, I do not at all. I think there are good workers there and I think that should be taken into consideration, but there is a lot of ineptitude as well.

  Q103 Chairman: So a radical change is necessary to get the service right?

  Ms Lombard: Yes, I would say so.

  Chairman: That is a very compelling opening statement.

  Q104 Ms Buck: Are you on the old system or the new system?

  Ms Lombard: The new system.

  Q105 Rob Marris: Just turning briefly to assessment and calculation, there has been a lower than expected number of applications made in recent months. Have you any idea why that might be? Are people shying away from putting in applications?

  Ms Allbeson: We were very struck by the fact that in the business plan for the year just gone, there was an expectation of 30,000 cases a month and indeed the Secretary of State, when he was announcing the introduction of the new scheme in March 2003, said 30,000 cases. Yet if you look at the take-on rate, it is averaging below that at 26/27,000. I think we raised this in our submission and we are saying it is a bit of a puzzle really. Since then I have seen some evidence from the Civil Service union suggesting that there have been problems with the interface between Jobcentre Plus and the CSA, the IT interface, and that there may have been a problem bringing cases over from JSA which is rather worrying because it suggests that there might be backlogs building up there. I know a lot of work has been done to try and improve that, but, even so, looking at the figures in the last 15 months, there have only been two months when the applications have reached 30,000 to the Agency. Of course that is the group who are parents with care on income support who would benefit from the £10 a week child maintenance premium. It also means a delay in first contact with the non-resident parents, which is of course the date that child maintenance liability can actually begin, so there is a real financial loss to parents with care if there is any delay in getting that first contact made with the non-resident parent. I think it might be a computer problem, but in a way we are looking at it from the outside and we can just see there is a problem.

  Q106 Rob Marris: Speaking of delays on assessment and calculation, at one point the Department was talking about a six-week time-frame from application to assessment up to first payment, they now tell us, which they seem to have abandoned. What feedback are you getting as to the delays or, one hopes, lack of delays?

  Ms Allbeson: Apart from this whole issue that just dealing with the Agency being enough to drive anyone mad, it is delay. It is the fact that, like Nancy, they are ringing repeatedly to find out what on earth is happening and in the meantime incurring bank charges, running down their savings, the kids cannot afford school dinners, and they are having problems with school uniforms. I notice that the Chief Executive told the Committee in April that it was taking between 12 and 15 weeks to get to the stage of a calculation, when their original target was six weeks until payment. Just looking at the stats on that, as far as we can see, there is this backlog building up of around 30,000 cases a month and of the cases where they have actually made a calculation, which of course is only quite a small proportion of the total number of applications, only 39% have received a first payment, so there are delays all the way through to getting the first payment.

  Q107 Rob Marris: What about the accuracy of the calculations, the assessments themselves? Have you come across problems with those and if something finally does get through the sausage machine, is it coming out looking like a sausage at the other end?

  Ms Allbeson: Well, I think that in terms of the feedback we are getting from parents with care there is a big issue in terms of what you mean by "accuracy". What lone parents' moan is whether it truly reflects the non-resident parent's income and there seem to be huge problems about whether the Agency has done enough to scrutinise properly what the non-resident parent is saying. One has to face the fact that the CSA is dealing with, not all the time, but a substantial minority of non-resident parents who do not want to pay, who will avoid paying and will seek to minimise the income that gets taken into account in order to minimise their liability. It can particularly happen, for instance, when the non-resident parent has a big bonus or commission as a substantial part of his regular income, where he does agency work a lot, where he works for a family firm or he is working for a new partner's firm. The self-employed are a particular group of course where it is possible quite legitimately to minimise your taxable income through putting it into another form. That is the real problem of accuracy and there is a real frustration, I think, on the part of lone parents affected as to what extent the Agency is really being robust about what is going on. What came through a lot was people being told that they had to be a private detective and literally those words repeatedly, "You've got to be your own private detective". Well, a lot of lone parents want to use the Agency as a buffer between them and the ex-partner and they want to move on. They do not necessarily want to have that relationship with the ex-partner and they want it to be perhaps slightly more harmonious.

  Q108 Rob Marris: Did you get the impression then that the Agency was, on occasion, taking as gospel what the non-resident parents said about their income without digging into perhaps apparent inconsistencies put forward by the non-resident parents?

  Ms Allbeson: Very much so.

  Q109 Rob Marris: Just taking the easy route on occasions.

  Ms Allbeson: Almost triumphant that they got a figure out of the non-resident parent at all. Given what we know about compliance levels where only 50% of non-resident parents, at best, are paying under the old system, and under the new system it is similar levels, they are lucky to get anything at all and maybe that is the attitude. I do not know if Nancy wants to add anything on that.

  Q110 Rob Marris: Not on compliance though because we are going to go on to that, but the accuracy of assessments and how they sceptically, or otherwise, treat the income suggested by the non-resident parent.

  Ms Allbeson: Yes, and this point that the onus is very much put on the parent with care to find out, both to chase them, but also to find out what the non-resident parent's income is. Of course that income may change. One of the points that lone parents got very angry with me about was the fact that there is no onus on the non-resident parent to inform the Agency when his income goes up. It is left to the parent with care to say, "Well, actually he gets a big annual commission bonus every year. He needs to have an annual review", and to chase them. There is not that kind of proactive engagement with the non-resident parent's circumstances.

  Ms Lombard: They tell you that it is up to you if you think they have had a pay rise where, if you do not have any contact with your ex-partner, there is no reason why you should, so on the off chance every year they tell you to request that. If you have chosen, and I use, the CSA as a third party to do that, to run around and to have that contact for me because that is something I choose not to do, that makes it harder.

  Q111 Ms Buck: This may be fairly obvious, but when you gave your written evidence, we had not had the latest figures on compliance and what we can see from that is that the compliance rates under the new scheme are about a third, I think, below the targets that were set. I wondered if you could just tell us a little bit about what your perception is of why that is, what the barriers have turned out to be. We know about the IT problems, and you can perhaps talk about that, but it is counter-intuitive given the principle that the new scheme being simpler would hopefully boost compliance, so what are the barriers? Why has that not achieved progress against targets as was expected and what do you see the impact of that being?

  Ms Allbeson: I think we were wrong in our submission to you because we thought that they were going perhaps to reach their targets on compliance and the annual report is frighteningly bad. I think they had taken their eye off the ball on compliance. There had been such a preoccupation with getting what they call "clearance" which is interesting in its terminology because of course clearance is just the start of the process. That is getting as far as the calculation or closing the case when in fact you have got a relationship with a non-resident parent which may last 15 or 18 years. That is just the beginning of the process. The job is to keep him in payment, regular payment, full payment for a continuing period of time. Specific things that may have contributed to the problem with compliance is of course the worrying issue of staff cuts where at the start of 2003 there were over 12,000 staff in the Agency and it is now down to 10,500 and it has to be reduced to 8,000 by 2006. Now, that is a reduction of a third in staff at a time when really the new scheme is not working. The compliance figures are shocking and yet how on earth can they really bear down on the problem of compliance when they have lost a third of their staff? It is deeply worrying and an immediate thing we would call for is stopping any further staff reductions until the Agency is back on its feet and that includes compliance and enforcement, perhaps saying that they have got to reduce the size of the debt in terms of money owed to lone parents by, say, at least a quarter before they cut any more staff. The other point is that in a way there was a sort of deal struck with the new system, that it was going to be simpler, it was going to lead to lower payments for parents with care, but the quid pro quo was that the maintenance would flow quicker. I do not know if you remember what Baroness Hollis said when very early on she said that 90% of the time was being spent on assessments and 10% on compliance and enforcement and they were going to turn that round, so it was going to be 90% on compliance and enforcement. Well, if you look at the latest edition of their magazine for advisers, it says that at the start of this year 80% of staff were being spent on assessments, so there is still an awfully long way to go and the danger is that the staff released from the simplicity of the new system are not being put back into compliance work, but they are actually being just treated as staff reductions and that in a sense we regard as a breach of faith.

  Q112 Ms Buck: Looking at the compliance figures for the old scheme which have come in over target on both case compliance and cash compliance, does that tell us that whatever the teething difficulties in the early years of the scheme, those people who are now in payment are compliant because there was at least some effort made after the initial assessment to get that figure up?

  Ms Allbeson: I am slightly sceptical about the cash compliance and case compliance measurements. If you look at the quarterly statistics where every quarter they say what percentage of non-resident parents has been fully compliant that quarter, partially compliant and nil compliant, the figures come out as 50% fully compliant, 23% partial, this is for May 2004, and a quarter nothing. Now, that sounds to me, in terms of the cases we get, more accurate than the case and cash compliance figures which are very global figures and they also include arrears.

  Q113 Ms Buck: So the figures that we are looking at on the new and old scheme compliance, which appear to be counter-intuitively indicating that the old scheme is much more compliant than the new scheme, you would argue that, on your interpretation, actually neither is achieving good compliance figures?

  Ms Allbeson: Absolutely not, no.

  Q114 Ms Buck: Should we now be migrating old cases on to the new scheme given this very poor compliance rate for the new scheme?

  Ms Allbeson: Well, I think there is a danger of confusion. The new scheme in a way is struggling with the IT system which is very worrying and seems to be pretty fundamental. But compliance and enforcement are not really to do with IT and the worry is that there is too much of this idea that once we have got the IT sorted, it is all solved. From looking at what needs to be done and the cases we have where just even finding a non-resident parent seems to be a problem in lots of cases, you cannot solve that problem with a computer. It is labour-intensive, it is hard work, it requires skill and it requires staff resources. We know that there are 200 staff in the enforcement teams. Well, that is really pretty small.

  Ms Simpson: Another aspect is that the longer that you delay migration, individual cases will be coming on because of the change of circumstances or another partner becoming involved, the messier it gets, so the longer we delay migration, the less well the whole migration can be managed effectively.

  Q115 Ms Buck: Can I summarise that as saying that you should not delay migration, but the whole issue is going to hinge upon the quality and scale of the staffing effort to back up assessment with proper compliance?

  Ms Allbeson: The migration obviously cannot take place until the IT system is working, but there are real, real problems of running two systems side by side. There is no excuse, say, for not taking seriously compliance and enforcement in the two systems at the same time. It is a separate issue. There is no reason to go soft on compliance just because you are having to manage two systems simultaneously. Enforcement and compliance procedures in both are pretty similar and it just requires effort and energy.

  Q116 Ms Buck: Compared to the very early days of the scheme, there has been some progress on the disregard both in terms of those on benefit, albeit a fairly modest premium, but also the discounting of tax credit recipients. What impact has that had? I am really interested to know whether there is an obvious correlation between payment and people being on tax credit and, therefore, being able to keep their maintenance. Has that worked? You may or may not know that we came back from Australia, having looked at their system with a much more generous premium, and the advice within Australia was very much that you would never start a system where the point of it is effectively to return money to the Exchequer rather than to put money into the hands of the family. Are we doing enough on that and has it made a difference in terms of tax credits?

  Ms Allbeson: The members who replied to us when we asked them what were their recent experiences said, "I'm on income support. It doesn't matter whether I get it or not. I don't know whether he's paying", so in a sense they had kind of lost interest in it because, as far as it was, it did not concern them. In fact the majority of replies were from working lone parents who were saying what a fantastic difference maintenance would make to them. A lot are struggling with paying for school dinners, paying for shoes and it was the thing which in a way would help them. One of the things a lot of them said was that getting maintenance would enable them to have quality time with their kids. They would work, but they might balance their hours differently, that it would make them feel less guilty about working because they could have some time with their kids.

  Q117 Ms Buck: I think we would all accept that it is a good thing, but is there any indication that it is making a difference? If income support recipients are saying, "We don't know if we get it or not. It doesn't make any difference to us", so there is no incentive on both the parent with the care and the non-resident parent, the corollary should be that if you are on tax credit, it, therefore, does make a difference as you are a low-income working parent, so is it actually feeding through into encouraging the parent with care to chase it and take more of an interest in the non-resident parent and that the payment that he made would go directly into the pocket of the family? Is it actually boosting compliance rates?

  Ms Allbeson: If you look at the figures, the number of people getting child support who are on income support compared to the numbers on tax credits, it is substantially reduced on income support and there are a lot more people on working tax credit, so in that sense I think it has made a difference. I think it does come through from the letters that if they are working and they are getting it, they are fully aware that they are keeping the whole of it which they would not have done on income support. It is hard to say without analysing whether that was the reason why they went to work, but there is no doubt about it that once they get maintenance and they realise that they are going to keep it, that boosts their ability to manage and to stay in work.

  Q118 Ms Buck: So would you say, and this is speculative, that one of the ways in which compliance could be stimulated would be to look again at the premium on income support, and if that was more generous or lifted, is it likely to have a positive incentive on compliance?

  Ms Allbeson: Yes, I think it would because at the moment there are very few people getting the premium; I think it is something like 25,000. What is clear is that lone parents talk to each other. People who knew we were doing this inquiry got their friends to write to us as well, so people do pass it on and if they think they should get maintenance, they will let their friends know that it will happen.

  Q119 Mrs Humble: You mentioned Baroness Hollis's comments about spending 90% of the time on assessment and then in the future it would be 90% on compliance and enforcement. I do not want to go down the route of enforcement which I think is separate, but we have been told when we have spoken to CSA staff that they, under the whole-system approach, see assessment and compliance being linked in together, so you cannot differentiate. You cannot say, "That member of staff is the one who does the assessment and that member of staff does compliance", and there may well be another member of staff who does the enforcement, but how are you finding the new so-called `whole system' working? In a way, it links back to Nancy's comments about her own experience with the CSA because we are being told that under the new system, the way that the CSA staff deal with both the parent with care and the non-resident parent in doing the assessment is to build up a relationship which will then encourage compliance. Now, the statistics that we have got show that that is not working. If it is not working, why is it not working?

  Ms Lombard: I do not think I have spoken to the same person about my case for more than maybe two or three weeks and they told me that my son's father had refused to pay, which brought a whole lot of personal issues to bear for me and I just panicked and thought that we would never get any money. They told me that and then they said, "Oh actually, no, it is a problem with the computer. He has paid and it's here", but that was the first time. Then the second time that happened and we did not get any money, I spoke to over 10 people and said, "Look, last time you told me he hadn't paid and then you gave me the money. Can you check that that is not the case?" I said that each week to each person I spoke to and tried to go back to the original person and never could. They said, "No, he's definitely, definitely not paid. He's not paid". They told me that for five months and then they rang me up in September and said, "He has paid and we've got all the money in our bank. He's paid every month on the dot". When they said that he had not paid, I said, "I want a wage arrestment". I suggested it, not them. I did not use those words because I did not know that is what it is called, but I said, "I want you to take the money directly from him". They said, "We'll just give him a bit longer, a bit longer". I pushed and the wage arrestment is only valid for three months and it was in the final week of the wage arrestment that they said, "Okay, we'll do it", and that is when they found out that he had been paying all along.

  Ms Allbeson: It seems to be very lethargic and half-hearted, but they just are not going through the stages to enforce compliance fast enough. I just draw your attention quickly on the compliance issue to the report of the Standards Committee which is an internal committee which looks at decision-making. The full report is only published on the Internet with the CSA annual report and it is quite revealing in that it says that in 97.5% of cases monitored, there had been no attempt to operate national procedures about debt management, and that means the bit about making people pay arrears on top of their current amount. There is some very worrying information in that survey.


 
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