Memorandum submitted by Mavis Maclean,
CBE
Before the CSA 1991 child maintenance was only
available through the courts to the children of divorcing parents,
the legal process was lengthy and costly, and orders were neither
universal nor generous and compliance levels were low.
Levels of lone parenthood were rising. Mrs Thatcher
wished to establish the responsibility of non resident parents
for their children.
The CSA scheme was courageous in moving away
from courts towards an administrative process, but damaged by
over high expectations of how legal change would be followed by
behavioural change, and by the false expectation of a pot of gold
to be tapped into. But even more important was the failure of
the scheme to develop a structure for party disputes.
What has been accomplished since 1991? More
than we might think. We now have a system which treats all children
alike in having not a claim but a right to financial support from
both parents, regardless of their civil status. Although individuals
frequently challenge their own assessments. there is widespread
acceptance of the basic value of child support.
Where next? In 1990 John Eekelaar and I recommended
the introduction of a Basic Child Support requirement for all,
to be set at a level which could not be challenged (around the
Income Support addition) and that for the minority of cases where
there were further resources (10-15%) that a standard of living
element could be calculated. This might be reconsidered.
There should be no going back to the courts.
The present scheme with all its failings is an improvement in
coverage and collection rates. The family courts are already overburdened
and could not take on additional work without major delays. DCA
policy is that courts should be the service of last resort.
There has been mention of the DCA Relationship
Breakdown Programme which is designed to help parent in conflict
over contact to resolve their problems. These programmes are not
designed to help with financial issues, and indeed in this jurisdiction
(as the President of the Family Division confirmed to the Select
Committee on Constitutional Affairs) we maintain the separation
between contact and support. Children's time is not for sale.
In assessing and enforcing child support we need clear information
rather than mediation.
The US began with a Child Support collection
Agency, which went on to develop guidelines for level setting
later. We might reconsider the separation between assessment and
enforcement, and work on making information available to the assessment
body, while strengthening the debt management skills of the enforcement
side.
5 January 2007
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