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To ask the Secretary of State for Work and Pensions, on what date he expects to commence the administrative liability order provisions under sections 32M and 32N of the Child Support (Enforcement) Act 2023; and what statutory mechanism currently provides authority for the creation of liability orders by the Child...
To ask the Secretary of State for Work and Pensions, on what date he expects to commence the administrative liability order provisions under sections 32M and 32N of the Child Support (Enforcement) Act 2023; and what statutory mechanism currently provides authority for the creation of liability orders by the Child...
Our intention remains to introduce the necessary legislation for Administrative Liability Order’s (ALOs) as soon as possible. We are working closely with HM Courts and Tribunals Service (HMCTS) and with the Scottish Government to ensure that when commenced, ALOs can operate effectively across Great Britain.
In the meantime, the Child Maintenance Service have agreed with HMCTS directly to increase the capacity for bulk hearings across all centralised courts to secure Liability orders under provisions in the Child Support 1991 Act and associated regulations, which provide the current statutory basis for enforcement action.
To ask the Secretary of State for Work and Pensions, whether a justice of the peace is required to issue a summons before the Child Maintenance Service makes an application for a liability order.
To ask the Secretary of State for Work and Pensions, whether a justice of the peace is required to issue a summons before the Child Maintenance Service makes an application for a liability order.
The Child Maintenance Service (CMS) does not require a justice of the peace to issue a summons before making an application for a liability order.
When seeking a liability order, the CMS writes directly to the paying parent to inform them of the intention to apply. This communication includes the outstanding debt amount, along with the court location and the date of the hearing.
Use of such powers may have an impact on a parent’s future ability to pay. These powers are therefore only used in circumstances where the CMS believes the parent can pay but is refusing to do so. In such circumstances these powers will have a deterrent effect and as such the numbers are expected to be low.
The CMS is committed to using these powers fairly and in the best interests of children and separated families.
To ask the Secretary of State for Work and Pensions, who is responsible for registering liability orders with Registry Trust Limited.
To ask the Secretary of State for Work and Pensions, who is responsible for registering liability orders with Registry Trust Limited.
The Child Maintenance Service (CMS) does not require a justice of the peace to issue a summons before making an application for a liability order.
When seeking a liability order, the CMS writes directly to the paying parent to inform them of the intention to apply. This communication includes the outstanding debt amount, along with the court location and the date of the hearing.
Use of such powers may have an impact on a parent’s future ability to pay. These powers are therefore only used in circumstances where the CMS believes the parent can pay but is refusing to do so. In such circumstances these powers will have a deterrent effect and as such the numbers are expected to be low.
The CMS is committed to using these powers fairly and in the best interests of children and separated families.
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the adequacy of legal oversight and procedural safeguards in the enforcement processes used by the Child Maintenance Service; and if he will review (a) the process by which liability orders and summonses are...
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the adequacy of legal oversight and procedural safeguards in the enforcement processes used by the Child Maintenance Service; and if he will review (a) the process by which liability orders and summonses are...
The Child Maintenance Service (CMS) exists to ensure that children receive the financial support they are entitled to. When parents fail to financially support their children CMS have a range of enforcement powers that are provided for in the 1991 Child Support Act and the Collection and Enforcement regulations 1992. These include applying to the magistrates’ court for a Liability Order which gives formal recognition of debt a paying parent legally owes.
Decisions surrounding which enforcement method to proceed with are carefully considered by caseworkers based on the case circumstances and the welfare of any qualifying children involved. Parents have a right to challenge the decisions taken by the CMS through established dispute and appeal routes.
In 2018 an exercise to close all CSA cases with live liabilities was completed. As part of that, both parents were given the opportunity to challenge case information, including arrears balances, or decide whether the arrears should move to the CMS to be pursued.
The annual Separated Families statistics, in particular section 6, report the estimated financial impact of child maintenance on non-resident parent households, including both Child Maintenance Service (statutory) arrangements and private (non-statutory) arrangements. The quarterly Child Maintenance Service statistics, particularly sections 6 to 9, contain information on the compliance and enforcement of arrangements made via the service. The Department has no plans to publish mortality data or other additional data relating to Paying Parents.
To ask His Majesty's Government how many liability orders regarding child maintenance they have applied for in the last three years.
To ask His Majesty's Government how many liability orders regarding child maintenance they have applied for in the last three years.
The Department publishes Child Maintenance Service official statistics every three months. Table 6.1 of the latest National tables provides information about enforcement actions used by the Child Maintenance Service each quarter between April 2015 and September 2025 including the number of liability orders applied for in England and Wales.
The below table shows volumes of Liability Orders applied for in England and Wales, for the past 12 quarters from October 2022 to September 2025
Quarter | Liability Orders applied for |
Oct to Dec 2022 | 2,700 |
Jan to Mar 2023 | 4,300 |
Apr to Jun 2023 | 4,000 |
Jul to Sep 2023 | 4,100 |
Oct to Dec 2023 | 4,500 |
Jan to Mar 2024 | 5,300 |
Apr to Jun 2024 | 4,500 |
Jul to Sep 2024 | 3,500 |
Oct to Dec 2024 | 3,700 |
Jan to Mar 2025 | 4,000 |
Apr to Jun 2025 | 3,400 |
Jul to Sep 2025 | 3,600 |
Source: Child Maintenance Service Administrative and Clerical Data
Note:
- Figures provided are restricted to England and Wales and are rounded to the nearest 100.
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the effectiveness of enforcement, including the recovery rate following (a) liability orders, (b) bailiff action and (c) deduction orders.
To ask the Secretary of State for Work and Pensions, what assessment his Department has made of the effectiveness of enforcement, including the recovery rate following (a) liability orders, (b) bailiff action and (c) deduction orders.
The Department monitors the effectiveness of Child Maintenance Service (CMS) enforcement processes to ensure compliance and support the collection of maintenance owed to children.
The information requested on assessments of the effectiveness of individual enforcement routes, including recovery rates is not readily available and to provide it would incur disproportionate cost.
However, the Department publishes Child Maintenance Service (CMS) statistics regularly, and the latest statistics on enforcement actions taken by CMS, including the amount of money collected, are available for September 2025 in the latest data tables.
‘Table 6.1: Enforcement Actions, Great Britain, April 2015 to September 2025’ provides information on the amounts recovered and actions taken by CMS, including sanctions and other Civil Enforcement actions.
Please refer to the ‘Notes’ provided below the tables and the ‘Child Maintenance Service statistics: background information and methodology’ document for further detail and guidance on interpretation.
To ask the Secretary of State for Work and Pensions, how many liability orders have the Child Maintenance Services applied for in respect of non-resident parents who have repeatedly failed meet their child maintenance payment obligations in each of the last five years.
To ask the Secretary of State for Work and Pensions, how many liability orders have the Child Maintenance Services applied for in respect of non-resident parents who have repeatedly failed meet their child maintenance payment obligations in each of the last five years.
The Child Maintenance Service may seek a Liability Order only when a Paying Parent has not met their obligations and other measures have been exhausted. In England and Wales, such orders may enable referral to enforcement agents, previously known as bailiffs, to recover arrears. In Scotland, enforcement proceeds through the Scottish civil court system.
The Department regularly publishes Child Maintenance Service official statistics, with the latest statistics available to September 2025. Table 6.1 of the accompanying National tables provides the information about enforcement actions used by the CMS. The table shows quarterly statistics for liability order applications and enforcement agent referrals for England & Wales, between October 2015 and September 2025.
To ask the Secretary of State for Housing, Communities and Local Government, how (a) local authorities and (b) magistrates’ courts can obtain liability orders under the Council Tax (Administration and Enforcement) Regulations 1992.
To ask the Secretary of State for Housing, Communities and Local Government, how (a) local authorities and (b) magistrates’ courts can obtain liability orders under the Council Tax (Administration and Enforcement) Regulations 1992.
Where a council tax debt remains outstanding following a final notice, the council may apply to the magistrates court for a liability order confirming this debt. The individual will be issued with a summons to appear before the magistrate’s court. Where the court is satisfied that the amount is payable they will issue a liability order for this debt. Regulations 33 to 36A of the Council Tax (Administration and Enforcement) Regulations 1992, set out the processes councils must follow in obtaining a liability order.
The government is currently consulting on modernising and improving the administration of council tax. As part of this it is seeking views on changes to the process for obtaining a liability order, including the time before a council can seek this and the fees involved.
My constituent Tirath is currently being pursued by the Child Maintenance Service for £20,000, despite having successfully appealed the claim in 2022. He is now at risk of losing his professional status as a pharmacist because of this process. Will the Minister encourage the CMS to investigate that case urgently or to meet with me to discuss it?
My constituent Tirath is currently being pursued by the Child Maintenance Service for £20,000, despite having successfully appealed the claim in 2022. He is now at risk of losing his professional status as a pharmacist because of this process. Will the Minister encourage the CMS to investigate that case urgently or to meet with me to discuss it?
I am very sorry to hear about the plight of the hon. Member’s constituent. If she would like a meeting with me, I am very happy to give her that, and I am also happy to look into the matter, as she suggests.
I am very sorry to hear about the plight of the hon. Member’s constituent. If she would like a meeting with me, I am very happy to give her that, and I am also happy to look into the matter, as she suggests.
I am very sorry to hear about the plight of the hon. Member’s constituent. If she would like a meeting with me, I am very happy to give her that, and I am also happy to look into the matter, as she suggests.
My constituent Tirath is currently being pursued by the Child Maintenance Service for £20,000, despite having successfully appealed the claim in 2022. He is now at risk of losing his professional status as a pharmacist because of this process. Will the Minister encourage the CMS to investigate that case urgently or to meet with me to discuss it?
To ask the Secretary of State for Justice, how many liability orders were (a) sought by local authorities and (b) granted by courts for council tax debt, in each tax year since 2019.
To ask the Secretary of State for Justice, how many liability orders were (a) sought by local authorities and (b) granted by courts for council tax debt, in each tax year since 2019.
The information requested is not collated or maintained centrally in a manner that could reliably be reported.
New clause 1 (Overpayments made as a result of official error) debated and withdrawn. New clause 2 (Offence of fraud against a public authority), discussed with new clause 15 (Offence of encouraging or assisting others to commit fraud), negatived on division (3 votes to 11). New clause 5 (Publication of results of pilot schemes) debated and withdrawn. New clause 7 (Annual reporting of amounts recovered) debated and withdrawn. New clause 8 (Publication of an Anti-Fraud and Error Technology Strategy) debated and withdrawn. New clause 9 (Impact of Act on vulnerable customers), discussed with new clause 12 (Impact of Act on people facing financial exclusion), debated and withdrawn. New clause 10 (Recovery of overpayments of Carer’s Allowance), discussed with new clause 11 (Audit of algorithmic systems used in relation to Carer’s Allowance overpayments) and an amendment, debated and withdrawn. New clause 13 (Liability orders) debated and withdrawn. New clause 14 (Inclusion of systems within the Algorithmic Transparency Reporting Standard) debated and withdrawn. New clause 15 (Offence of encouraging or assisting others to commit fraud) negatived on division (3 votes to 10). New clause 16 (Review of whistleblowing processes in relation to public sector fraud) debated and withdrawn. New clause 17 (Duty to consider domestic abuse risk to holders of joint accounts) negatived on division (6 votes to 9). Clause 99, discussed with clauses 100 to 104 stand part, agreed to. Clauses 100 to 104 agreed to. Bill, as amended, to be reported (Bill 204). Committee rose.
New clause 1 (Overpayments made as a result of official error) debated and withdrawn. New clause 2 (Offence of fraud against a public authority), discussed with new clause 15 (Offence of encouraging or assisting others to commit fraud), negatived on division (3 votes to 11). New clause 5 (Publication of...
My Lords, once again I am grateful to the Minister for his introduction to this instrument. It is difficult to say much about this amendment order in that, as he pointed out, it does not alter the existing fees at all, as far as I can see. Also, the possibility...
My Lords, once again I am grateful to the Minister for his introduction to this instrument. It is difficult to say much about this amendment order in that, as he pointed out, it does not alter the existing fees at all, as far as I can see. Also, the possibility...
My Lords, this draft instrument makes a technical amendment to three court and tribunal fees to ensure that they can continue to be charged at their current level by His Majesty’s Courts & Tribunals Service. This forms part of a wider set of amendments to 27 fees whose latest estimated...
My Lords, this draft instrument makes a technical amendment to three court and tribunal fees to ensure that they can continue to be charged at their current level by His Majesty’s Courts & Tribunals Service. This forms part of a wider set of amendments to 27 fees whose latest estimated...
I thank the noble Lord for his comments, and I agree with the way he set out the objectives of raising fees. It is not the objective to make a profit on them. The vast bulk of fees are set at a level to recover their administrative cost. However, occasionally...
I thank the noble Lord for his comments, and I agree with the way he set out the objectives of raising fees. It is not the objective to make a profit on them. The vast bulk of fees are set at a level to recover their administrative cost. However, occasionally...
Lords motion to consider. Agreed to on question.
Lords motion to consider. Agreed to on question.
Motion to consider. Agreed to on question.
Motion to consider. Agreed to on question.
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 3 December 2024 to Question 15843 on Child Maintenance Service: Courts, how many liability orders have been (a) applied for by the Child Maintenance Service and (b) granted by the courts in each of the...
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 3 December 2024 to Question 15843 on Child Maintenance Service: Courts, how many liability orders have been (a) applied for by the Child Maintenance Service and (b) granted by the courts in each of the...
In response to question (a) the Child Maintenance Service applied for approximately;
- 17,800 liability orders between October 2023 and September 2024,
- 15,100 liability orders between October 2022 and September 2023, and
- 11,300 liability orders between October 2021 and September 2022.
In response to question (b) the courts granted;
- 15,300 liability orders between October 2023 and September 2024,
- 13,600 liability orders between October 2022 and September 2023, and
- 10,000 liability orders between October 2021 and September 2022.
(Please note that the figures exclude Scotland).
The Department publishes quarterly statistics for the Child Maintenance Service Child Maintenance Service statistics: data to September 2024 - GOV.UK. Please see Tables no. 6.1, Rows 21 and 22 for more information on liability orders. national-tables-child-maintenance-service-to-september-2024.ods