C-MEC concerns

The Work and Pensions Committee today published it's report on the proposed reforms to child support. Whilst the Committee welcomes the Government's "attempts to reform the system" and recognises "the boldness of the proposals to seek a new solution with a move towards private agreements and away from administratively imposed arrangements", it also expresses concerns "that at this stage in the policy redesign there is insufficient detail for proper scrutiny over how the new system will work". "In addition", it says, "there appear to be a number of inherent tensions and contradictions within the White Paper between the principles and the practicalities of reform".

What I find most interesting as a family lawyer is what the Committee has to say on the role of the courts. Resolution recommended to the Committee that where the courts are dealing with financial applications anyway, for example in divorce cases, they should also deal with the issue of child maintenance. The Committee accepts this (paragraph 67):

In our opinion, it seems that if the Government is intent on moving clients towards private agreements and away from using C-MEC then its decision not to explore the use of the courts is inconsistent. The Committee recommends that the Government reconsider the decision not to allow courts to make a maintenance order unless both parties consent.

This seems to be eminently sensible. Not only will it enable the courts to deal with all issues together, it should significantly reduce the burden on C-MEC.