Call local rate
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate 0330 383 0319
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call us: Mon - Fri 8:30am - 7pm, Sat - Sun 9am - 5pm

Are the child maintenance figures as good as they seem?

By Stowe Family Law 3 min read Updated 19 Oct 2015

Last Thursday the Department for Work and Pensions (‘DWP’) published “Experimental statistics” relating to “Children Benefiting from an Effective Family-based Maintenance Arrangement Secured After Contacting Child Maintenance Options, GB – as of end of March 2015”. (I will look at what exactly constitutes an “effective family-based arrangement” in just a moment). The statistics proudly proclaim on their front page that “Over the year 2014/15 52,000 children benefited from an effective family-based arrangement, secured after contact with Child Maintenance Options” [their emboldening].

Subscribe to newsletter

Stay Ahead,
Stay Informed

Sign up for free, exclusive advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.

Read about how we use your data in our Privacy Policy. To opt out at any time, select 'unsubscribe' in any of our marketing communications, or email [email protected]

This is the new error

(I will look at what exactly constitutes an “effective family-based arrangement” in just a moment). The statistics proudly proclaim on their front page that “Over the year 2014/15 52,000 children benefited from an effective family-based arrangement, secured after contact with Child Maintenance Options” [their emboldening]. It all sounds so marvellous, indicating the success of the government’s efforts to reform the child support system, but just how impressive are the statistics?

OK, let’s first look at that term “effective family-based arrangements” (which I will now refer to by the DWP’s initialism ‘FBA’). Firstly, an FBA is a child maintenance arrangement which parents have agreed between themselves. The DWP define an ‘effective FBA’ as either:

  • A regular financial arrangement where at least some of the agreed amount is always/usually received on time and the parent considers the arrangement to be working very/fairly well; or
  • An ad hoc arrangement which includes a financial element (or transaction in kind e.g. school uniform) and whether the parent considers the arrangement to be working very/fairly well [I think the word ‘whether’ here should probably read ‘where’].

Now, we have of course been here before, and I (and others) was severely critical of the idea that a maintenance arrangement where only some of the agreed amount was paid should be deemed ‘effective’. The DWP seem to have responded to the criticism by adding the caveat that the parent with care (‘PWC’ – i.e. the recipient of the maintenance) should consider that the arrangement was working very, or at least fairly, well. Whilst this may be an improvement, I am still concerned that it is implicitly considered okay if the non-resident parent (‘NRP’ – i.e. the payer of the maintenance) doesn’t fulfil their obligations. There is also the issue of determining whether the PWC is happy with the arrangement – I may be missing something, but as far as I can see the DWP does not explain this in the notes that come with the statistics. I assume that the PWC is asked – the statistics are based upon a survey of a sample of users of Child Maintenance Options (‘CM Options’), but obviously some may feel pressured by the NRP into saying that they are happy not receiving the full entitlement, when they are not.

And so to the statistics themselves. What, in particular, does that 52,000 figure mean? I think the best way to measure it is shown in the table contained in the statistics giving details of the numbers of all child maintenance arrangement types, including effective FBAs, arrangements through the Child Support Agency/Child Maintenance Service, arrangements through the courts and, most tellingly, non-effective FBAs.

The table tells us that effective FBAs constitute just 20 per cent of all arrangement types, 50 per cent are through the CSA/CMS, 6 per cent are non-effective FBAs and in 23 per cent of cases there is no arrangement at all. Now, it doesn’t seem to me that 20 per cent is a particularly impressive figure, particularly in a system where FBAs are loudly touted as the best way to sort out your child maintenance arrangements. Still in half of all cases the PWC has to go to the CMS to sort out their arrangement, and in nearly a third of cases there is no or no effective arrangement.

Then there is the six per cent figure for non-effective FBAs. This means that even when you set the bar low as to what is an effective FBA, in nearly a quarter of the cases where CM Options is used the FBA is a failure. Not exactly a ringing endorsement for the system.

The other main finding of the statistics is that CM Options has “maintained a steady performance despite a significant increase to the volume of customers accessing the service”. Looking at the graph for the number of children benefiting from an effective family-based arrangement secured though contact with CM Options since 2010, that would seem to be the case, although I did notice that the graph for 2014/15 does seem to have flattened during the year, suggesting that the number of people using the service may now have peaked.

To conclude, it does appear that the latest incarnation of the child support/maintenance system is rather more efficient than previous incarnations (not that that is saying much), but it has certainly not solved all of the problems, and we must be very wary of government attempts to persuade us that it is better than it actually is.

The full statistics are available here.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

Leave a comment

A clear, three step process to peace of mind

1

Reach out

Book a free callback for a date and time that suits you using the form below, or call us now to speak to a member of the team straight away.

2

Free, confidential call

Speak to a member of our friendly team to discuss your situation in more detail so we can guide you to the best next steps.

3

Next steps

If you decide to proceed with us, our specialist team of lawyers will support you through every step of the legal process. Learn more about what to expect.

Close

Newsletter Sign Up

Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.

What type of information are you looking for? (Optional)


Read about how we use your data in our Privacy Policy. To opt out at any time, select ‘unsubscribe’ in any of our marketing communications, or email [email protected].

Privacy Policy Close newsletter modal
Close
Close video player modal
Close
Close

Podcast:

Please enable marketing cookies to view this content.

Close podcast player modal
Close

Video:

Please enable marketing cookies to view this content.

Close video player modal