Child Maintenance Service To Be The Subject Of Judicial Review
There have been long-running concerns about the operation of the Child Maintenance Service (CMS), particularly when it comes to enforcing arrears.
A group of single parents have brought a claim against the CMS, complaining that persistent inefficiencies in the system and delays in investigation and enforcement against non-resident parents are causing them significant and prolonged financial difficulties and pushing them into poverty. They want a root and branch systemic review of the CMS.
Permission for the judicial review case was initially refused, but on appeal a High Court Judge has now granted permission for the case to proceed.
Single parenting charity Gingerbread provided evidence to the court about the continuing flaws in the CMS system. Gingerbread’s research suggests 36% of children covered by Collect and Pay arrangements are not receiving any of the maintenance they are legally entitled to, meaning since 2012, when the CMS began, £512.6 million in unpaid maintenance has accumulated.
It’s said that if child maintenance was paid in full to all children in separated families living in poverty who currently do not receive financial support from their other parent, it would have the potential to lift 60% of them out of poverty.
As a result of the court’s decision to grant permission for judicial review, the court will now consider the lawfulness of how CMS is currently operating.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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