Source · Select Committees · Public Accounts Committee
Recommendation 19
19
Parents can use the child maintenance system to continue to abuse their former partners, for...
Conclusion
Parents can use the child maintenance system to continue to abuse their former partners, for example by withholding payments or access to children. Written evidence from Gingerbread and the Domestic Abuse Commissioner set out that, for survivors of domestic abuse, the CMS may be the safest and only way to secure maintenance from their ex-partner.34 However, although vulnerable and low-income families, those with disabilities, and those with higher levels of parental conflict are more likely to have no arrangement in place, the Department knows little about separated parents without any form of arrangement.35 It does not know how many cases there are in which domestic abuse or coercive control may be a barrier to setting up and maintaining an effective child maintenance arrangement. The Department’s legislation is designed to encourage parents who do use the CMS to use Direct Pay first to encourage collaboration.36 The Domestic Abuse Commissioner told us that it “would encourage caution in any efforts by the CMS to encourage collaboration between receiving and paying parents. It is vital that an emphasis 27 C&AG’s report, para 3.7 28 Qq 129, 131 29 Qq 129–131; C&AG’s Report, paras 3.7, 3.9 30 Qq 128, 131 31 C&AG’s Report, para 1.19 32 CMS 0044, written evidence submitted by the Domestic Abuse Commissioner, 22 March 2022. 33 Department for Work & Pensions, National Tables Child Maintenance Service Statistics data to September 2021, Table 2 34 CMS 0042, written evidence submitted by Gingerbread, 22 March 2022; CMS 0044 35 Q42; C&AG’s Report, paras 1.22, 1.24, 2.11 and 2.13 36 C&AG’s Report, paras 2.9–2.12 Child Maintenance 17 on collaboration does not lead to CMS staff failing to hear concerns from victims and survivors about the risks the perpetrator poses to them and their children.”37 It further cautioned that Direct Pay arrangements can increase the harm and risk to victims of domestic abuse because they have to ask the perpetrator directly for payments.38
Government Response
Not Addressed
HM Government
Not Addressed
3. PAC recommendation: The Department should, as part of its Treasury Minute response, outline how it will identify cases which potentially involve domestic abuse or coercive control and adapt its services and communications in response. It should build into its transformation plans: clearer routes for parents to flag and communicate domestic abuse and coercive abuse; better integration with wider support services for victims of domestic abuse and coercive control; early identification and intervention for Direct Pay arrangements that are not working; and routine follow-up for cases that close or move from Collect & Pay onto Direct Pay. 3.1 The government agrees with the Committee’s recommendation. Recommendation implemented 3.2 The department already has robust processes in place for identifying victims of domestic abuse and ensuring they receive the right support. The department has call scripts that ask directly about domestic abuse; mandatory domestic abuse training for all CMS staff; a Complex Needs Toolkit and a Domestic Abuse Plan to guide caseworker responses to domestic abuse victims and survivors. 3.3 The department also commissioned an independent review of CMS domestic abuse processes in Autumn 2021, which has now completed. The government is currently assessing its recommendations. 3.4 Furthermore, the department will assess the forthcoming Domestic Abuse Statutory Guidance, once published by the Home Office, to assess implications for ways in which coercive control can be best identified and for best practice with regards to service delivery and communications for domestic abuse survivors. 3.5 The department is in the process of adapting its Transformation Programme to incorporate further support and communications with domestic abuse survivors into CMS organisational design and throughout the customer journey, which will continue throughout 2023. 3.6 More comprehensive conversations are being considered to ensure customers are closing cases for the right reasons and are aware they can return to our service. Although the department will not be able to routinely follow-up on closed cases, once cases move from Collect & Pay to Direct Pay parents are given clear communications about what to do if the arrangement is not working through mobile text messages, letters at each annual review and there are prompts on ‘My Child Maintenance Case’.