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19 March 2009 / David Burrows
Issue: 7361 / Categories: Features , Family
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Enforcement matters

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Part 2: David Burrows reports on the spurious approach to committal application

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When it comes to enforcement of a liability order by committal in the magistrates' court the truly Kafkaesque nature of the Child Support Act 1991 (CSA 1991) legislation comes to the fore.

Until now few parents have been sent to prison. However, the Child Support Agency (CSA)/Child Maintenance and Enforcement Commission now want to demonstrate their virility: they have been told that £3bn may be owing and they are out to get as much as possible of it back— however tattered may be the evidence of debt, however doubtful of fair or safe enforcement may be their confused figures.

Once the liability order is made, committal will soon follow; and if the figure is objectively wrong or disputed, ie arguably wrong, what is the possible justice of a person being sent to prison?

I doubt there is any other jurisdiction in which a claimant can say, unchallenged, that he is owed £10,000 and get a court order

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