Children’s Wellbeing and Schools Bill

Debate between Baroness Coffey and Baroness Smith of Malvern

Monday 23rd June 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am not surprised that the noble Baroness, Lady Coffey, managed to persuade those in a position to be persuaded that this amendment should have the opportunity to be discussed this evening. There is something refreshing about the idea of the noble Baronesses, Lady Coffey and Lady Stedman-Scott, rightly pursuing people who owe money for their children and who have that responsibility. I have no doubt that my noble friend Lady Sherlock and the current Secretary of State will be equally relentless in making sure that families are paying for the children for whom they have responsibility, and that is quite right.

I know from what the noble Baroness said that the intention of this amendment is to probe and push on the progress being made with each of the pieces of legislation that she talked about. I hope to provide some reassurance on that.

First, the powers within Section 34 of the Child Maintenance and Other Payments Act enable debt owed to parents or the Secretary of State to be transferred to other parties, including debt collection agencies. This power was introduced as an option to deal with the £3.8 billion debt burden that had accrued under the former Child Support Agency. A proportion of that debt was owed directly to the Secretary of State, and I am assured that the issue of Child Support Agency debt has now been resolved. The Child Maintenance Service has strong and effective enforcement powers, including imposing prison sentences for non-payment.

On the specific point about debt collection agencies, there is no evidence that using debt collection agencies would actually secure more child maintenance than current enforcement powers. In fact, a previous trial absolutely demonstrated that, so there is no evidence that commencing this power would have a positive impact on children’s well-being.

Secondly, the Child Support (Enforcement) Act 2023 introduced powers that, once commenced, would enable an administrative liability order to be made against a parent with outstanding child maintenance arrears. As the noble Baroness says, this introduces savings in court costs and time. I am pleased to confirm that progress is being made to implement the necessary legislation to bring this power into force as soon as possible. The Government are working with His Majesty’s Courts & Tribunal Service and the Scottish Government to establish a process for implementing ALOs, and plan to introduce regulations to Parliament by the end of this year.

The Child Support Collection (Domestic Abuse) Act 2023 recognised that direct pay may not always be appropriate for victims and survivors of domestic abuse. The Act intended to provide them greater protection when using the Child Maintenance Service, by allowing them to move to the collect and pay service but only where there is evidence of domestic abuse. The Government recognise that removing opportunities to use the Child Maintenance Service to inflict economic abuse will benefit the well-being of children. However, many victims and survivors would be unable to provide that necessary evidence as required by the Act. For those who could, there are risks that providing evidence of their experience of abuse and reliving events could lead to further trauma.

That is why the Government today published our response to the consultation, Child Maintenance: Improving the Collection and Transfer of Payments. It sets out plans for reforms to introduce a service that protects all parents from financial abuse and, importantly, includes no requirement for victims and survivors to provide evidence of their circumstances. These reforms, therefore, go further than the provisions contained in the 2023 Act to protect victims and survivors of domestic abuse. They will have a positive impact on children and their well-being, as more child maintenance liabilities will be enforced, leading to more money going to children, which I know is the objective of the noble Baroness, Lady Coffey, in moving this amendment.

I hope that I have provided sufficient reassurance for the noble Baroness to withdraw this amendment, although she has already identified that she has other ways to put pressure on the Government to ensure progress, and I have no doubt that she will continue to do so.

[Baroness Coffey (Con)]

In consideration of what the Minister has said, of which I am conscious of certain aspects, I am pleased, in particular, to hear that the Child Support (Enforcement) Act should come into effect by the end of the year. I will take up some of the other matters to which she referred directly with the responsible Minister. With that, I beg leave to withdraw the amendment.

Breakfast Clubs: Early Adopters

Debate between Baroness Coffey and Baroness Smith of Malvern

Thursday 27th February 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend makes an enormously important point from a position of considerable experience. The intention is that this club happens before school and provides childcare and food, but I take her point about children in particular need of food who find it particularly difficult to access it at that time. I will certainly take that away and discuss it with my right honourable friend the Secretary of State and Minister Morgan, who are responsible for this and, I am sure, will want to think carefully about it as part of the early adopter scheme.

[Baroness Coffey (Con)]

My Lords, in the Statement, the Secretary of State asserted that there are areas underserved with childcare places yet overwhelmed with demand. I am very conscious that it is a statutory duty of local councils to provide sufficient childcare places, so I would be grateful if the Minister could write to me and place in the Library evidence that they are underserved. When I was in government and took this up with the Department for Education, I was assured that there was no evidence of childcare being underserved. Going further, I respectfully say to the Minister that the increase in employer national insurance will have a massive effect on childcare provision. I would be grateful if she could address whether any impact assessment has been done on that.

[Baroness Smith of Malvern (Lab)]

The last Government, rightly, had an objective of ensuring a considerable expansion of the availability of childcare entitlements. For example, there was an objective to increase the free entitlement, from this September, from 15 hours to 30 hours for all children from nine months to two years to match the entitlement delivered for three and four year-olds, which was ramped up last September. The problem was that, while there was a pledge, there was no plan to ensure that that provision was available in all parts of the country. That is why this Government have worked enormously hard, alongside local authorities, to make sure that that plan is in place and backed up by sufficient investment—£8 billion will be spent on childcare entitlements, which is a £2 billion increase in funding for entitlements compared to last year. It is also why we announced the £75 million expansion grant to support providers for children using the new entitlements, delivered through local authorities. On the national insurance contributions point, we will also make available £25 million for public sector providers of childcare via local authorities.

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

We could have a broader debate about why it has been necessary for this Government to introduce an increase in national insurance contributions, but let us not do that today—everybody knows why, given the legacy that we had. I talked about support for the expansion of childcare and the additional £75 million that is being provided as part of the expansion grant. That will be available to private sector and other childcare providers, to support them in developing the necessary childcare.

[Baroness Coffey (Con)]

My Lords, I would be grateful if the Minister would place in the Library information about the local authorities that the Department for Education believes are underserved with childcare places. I asked the question earlier; I would appreciate it if that letter could be placed in the Library.

[Baroness Smith of Malvern (Lab)]

I will undertake to come back to the noble Baroness about that. The point I was making is that we are talking not only about the current situation, in which quite a few parents would suggest that they have not been able to access childcare provision at a cost they can afford. I do not think the noble Baroness is suggesting that every parent who wants to access childcare is able to do so. That is why I gave some credit to the previous Government for recognising that, along with the significance of childcare provision, and making the pledge to increase the free entitlements. The problem was that they did not put alongside that pledge a plan and investment. It has taken this Government to turn a promise into a reality.