CMS: Changes to protect victims of domestic abuse

On 17 January 2023 an independent review was published concerning the Child Maintenance Service (CMS) response to domestic abuse.

In October 2021, the Department for Work & Pensions (DWP) commissioned an Independent Review of the processes and procedures used by the Child Maintenance Service (CMS) to support parents who had been subject to domestic abuse in setting up a child maintenance arrangement.  This was in response to a recommendation made in a Domestic Homicide Review, published by Safer Lambeth Partnership in 2019. The DWP asked Domestic Violence expert, Dr Samantha Callan, to lead this review in Autumn 2021. The review examined the circumstances arising from the murder of a who was killed by her ex-partner after making a claim for child maintenance.

The 85 page review is published on the government website. The review involved interviewing CMS customers and stake holders.  Ten recommendations were made, of which the DWP has now accepted 8.

Currently payments can be made by direct pay i.e. directly between the parents or collect and pay i.e. the CMS manage the payments deducting from the payer to include from their earnings. The latter comes at a fee being charged to both the paying parent and the recipient.

The DWP have accepted most of the recommendations in the review, to include the following:

• The definition of domestic abuse used should not be limited to abuse just between former partner, but includes abuse that may have been experienced by the parent and/or their child(ren). It includes any instance of domestic abuse which has been reported to an appropriate body or person, although no evidence is required.

• With regard to the direct pay service, support will be available to include facilitating the exchange of bank details, ensuring personal information is not shared, and providing information about setting up bank accounts which do not allow parents to be traced.
• Mandatory staff training on how to respond to domestic abuse issues.
• Non-traceable payment methods, which keep parents’ locations hidden and ensures there is no unwanted contact with an ex-partner.
• The Get Help Arranging Child Maintenance website contains advice and information on staying safe and signposting information to specialist support organisations.