"Child Maintenance and Enforcement Commission"

[Rob.]

Has anyone else just seen this on The One Show?

Apparently the new Government department, the "Child Maintenance and Enforcement Commission" which is allegedly going to be more efficient than the CSA, will have the power to withdraw money from bank accounts and take passports off people "until they make payments".

Is it just me or are we heading for another mess, and will us "absent parents" (hate that term) be getting more bad press as it will be thrust into the public eye upon launched? And how on earth can this access be obtained to bank accounts?

[nownek]

Technically the CSA could always use garnishee orders to freeze/get access to cash to clear arrears although this was rarely used in practice.

Officially they haven't used the AP designation since about 1997- it's "non-resident parent" dontchaknow....

[jamoor]

Take passports of people?

Surely that's agains human rights or something?

[Hedders]

jamoor said:

Take passports of people?

Surely that's agains human rights or something?

Nope, you don't own your passport

[nownek]

Hedders said:

jamoor said:

Take passports of people?

Surely that's agains human rights or something?

Nope, you don't own your passport

Genuine question: is there a right to travel? Can the state prevent you from travelling (outside the EU, presumably freedom of movement applies within)?

[Hedders]

nownek said:

Hedders said:

jamoor said:

Take passports of people?

Surely that's agains human rights or something?

Nope, you don't own your passport

Genuine question: is there a right to travel? Can the state prevent you from travelling (outside the EU, presumably freedom of movement applies within)?

They can prevent you from doing anything they wish under terrorism laws.

They also take your passport off you if you are waiting to be sentenced don't they?

Edited by Hedders on Wednesday 22 October 19:34

[nownek]

Sorry, I'm asking a slightly different question- is it a case that an individual has a right to travel unless the state can show just cause why this should be denied or is it that all travel is at the discretion of the state?

If the former then the CSA seizing passports is a much more significant development than if it is the latter.

[jamoor]

nownek said:

Hedders said:

jamoor said:

Take passports of people?

Surely that's agains human rights or something?

Nope, you don't own your passport

Genuine question: is there a right to travel? Can the state prevent you from travelling (outside the EU, presumably freedom of movement applies within)?

To be fair, the country you're in within the EU in will cooperate with the British Government. (surely something reserved for muderers, paedos and rapists?)

[Rob.]

Being blackmailed because of not paying maintenance I think is a disgrace - I see some Fathers for Justice type action becoming more prevalent.

[Benny Saltstein]

I saw the One Show. I can guarantee it will be fall into exactly the same trap. At my father in laws company, there are a couple of guys with children from previous marriages, doing the right thing and paying the CSA through the payroll. One month the enforcement people from the CSA turned up with bailiffs ready to take company assets because they were accusing FIL of not collecting the cash as required. He had been and it transpired that the payment office's details had changed but no-one had been informed.

To be honest, someone's maintenance arrangements should be nothing to do with their employer. The even scarier prospect is that the new agency collect money direct from bank accounts.

Would it not be far better to collect through changes to a person's tax code?

[nownek]

Rob. said:

Being blackmailed because of not paying maintenance I think is a disgrace - I see some Fathers for Justice type action becoming more prevalent.

Are you saying that if you don't (i.e. refuse to) pay maintenance there should be no sanction?

[nownek]

Benny Saltstein said:

Would it not be far better to collect through changes to a person's tax code?

Has long been suggested but HMRC won't touch it- they view (rightly) anything to do with child support as having disaster writ large all over it and they don't want to endanger their tax receipts

[bigandclever]

Links to the white paper behind this here...

http://www.dwp.gov.uk/childmaintenance/

white paper summary said:

29.
As a result, we plan to:
• strengthen the enforcement powers available by making the parent who is failing to pay give up their passport or placing a curfew on them;
• explore the possibility of introducing powers to collect maintenance directly from
accounts held by financial institutions;
• remove the requirement to apply to the courts for a liability order before taking enforcement action and replace it with a swifter more effective process, done by C-MEC;
• examine the possibility for removing the requirement to apply to the courts for a charging order, withdrawing a driving licence or making a parent give up their passport; and
• improve the way that information is shared between financial institutions and credit reference agencies to trace parents and collect and enforce maintenance.

30.
We will explore two options in relation to withdrawing driving licences and giving up passports. The C-MEC will be able to either:
• apply to the magistrates’ court, as is currently the case with driving licences; or
• issue an interim order to withdraw a driving licence or force a parent to give up their passport at the same time as applying to a court for a final order.

[Justayellowbadge]

Withdrawing driving licences?

That should help NRPs financial situations greatly.

Genius.

Edited by Justayellowbadge on Wednesday 22 October 20:16

[Deva Link]

Justayellowbadge said:

Withdrawing driving licences?

That should help NRPs financial situations greatly.

Genius.

Edited by Justayellowbadge on Wednesday 22 October 20:16

These ideas came from the US - there most trades people need a permit to work and they can even withdraw that.

[Rob.]

nownek said:

Rob. said:

Being blackmailed because of not paying maintenance I think is a disgrace - I see some Fathers for Justice type action becoming more prevalent.

Are you saying that if you don't (i.e. refuse to) pay maintenance there should be no sanction?

No I`m not, but withdrawal of a passport seems extreme. I think making someone feel like a criminal is the wrong way of doing things TBH.

[nownek]

Rob. said:

nownek said:

Rob. said:

Being blackmailed because of not paying maintenance I think is a disgrace - I see some Fathers for Justice type action becoming more prevalent.

Are you saying that if you don't (i.e. refuse to) pay maintenance there should be no sanction?

No I`m not, but withdrawal of a passport seems extreme. I think making someone feel like a criminal is the wrong way of doing things TBH.

Fair enough. But unfortunately there are (a minority of) people out there who would rather feed their dogs than pay for their kids. It's hard to see what would work with these people and so the measures that the govt come up with become ever more extreme.

[Justayellowbadge]

nownek said:

Rob. said:

nownek said:

Rob. said:

Being blackmailed because of not paying maintenance I think is a disgrace - I see some Fathers for Justice type action becoming more prevalent.

Are you saying that if you don't (i.e. refuse to) pay maintenance there should be no sanction?

No I`m not, but withdrawal of a passport seems extreme. I think making someone feel like a criminal is the wrong way of doing things TBH.

Fair enough. But unfortunately there are (a minority of) people out there who would rather feed their dogs than pay for their kids. It's hard to see what would work with these people and so the measures that the govt come up with become ever more extreme.

The problem being they become another powerful weapon that can be used against Fathers who do want to do the right thing.