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07 May 2009 / David Burrows
Issue: 7368 / Categories: Features , Child law , Family , Human rights
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Enforcement matters

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Part 3: Do child support committal applications breach human rights? David Burrows reports

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The Child Support Agency (CSA), on behalf of the Child Maintenance and Enforcement Commission, is undertaking a “wave” (its word) of enforcement applications, and yet the committal application procedure under Child Support Act 1991 (CSA 1991), s 39A is probably in breach of Art 6 of the European Convention on Human Rights (the Convention).

Enforcement of payment of child support arrears derives from the liability order (CSA 1991 s 33: see NLJ, 6 March 2009, p 334 and NLJ, 20 March 2009, p 415). CSA 1991, s 39A(2)(a) enables magistrates, on application by the commission, to issue a warrant “committing [a] liable person to prison”. Thus the Commission can apply for imprisonment of a parent who is subject to a liability order.

CSA 1991, s 40(3) provides for disposal by the magistrates: “If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part

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