The Government waited for almost a decade to use its power to tell credit reference agencies about liability orders granted in respect of child support arrears.

The Government deliberately protected fathers who refuse to pay child support, ensuring that, for almost ten years, liability orders for child support arrears would have no effect upon their credit rating.

One missed mobile phone payment would damage an individual’s credit rating, but child support debts of any amount would have no negative effect whatsoever.

On 5 June 2008 the Labour Government passed the Child Maintenance and Other Payments Act 2008, which included the ability for the Child Support Agency to inform commercial credit reference agencies about liability orders granted in respect of child support debt.

On 30 October 2013 Labour MP Catherine McKinnell asked parliamentary question 1725455: “To ask the Secretary of State for Work and Pensions with reference to his Department's publication entitled Departmental Child Maintenance Arrears and Compliance Strategy, published in January 2013, what conclusions he has reached regarding coming into force of section 40 of the Child Maintenance and Other Payments Act 2008.

Steve Webb replied: “We are exploring bringing into force powers laid out in the Child Maintenance and Other Payments Act 2008, providing for the disclosure of payment information to credit reference agencies. This would be subject to a public consultation before any regulations were laid in Parliament.”

On 5 November 2014 Minister Steve Webb issued a press release: “Pay your child maintenane or damage your credit rating”.

On 25 January 2015 Minister Steve Webb issued a press release threatening: "From March, parents who steadfastly refuse to pay may have their non-compliance disclosed to a credit reference agency, which may affect their credit rating, limiting their ability to borrow money through loans, mortgages and credit cards.”

On 9 February 2015, almost seven years after the primary legislation, Steve Webb finally got around to signing the one page Statutory Instrument - “The Child Maintenance and Other Payments Act 2008 (Commencement No. 15) Order 2015” necessary to implement the power. The order came into force from 23 March 2015.

In March 2017 the Child Maintenance Service produced this protocol, which I found on the Voice for the Child website.

On 18 December 2017 the Child Maintenance Service sent the first batch of liability orders to the credit reference agency, Experian. There is no administrative cost to this action, other than producing a monthly spreadsheet.

On 5 November 2014 the Guardian reported that:

“From March 2015 the government intends to share information from parents’ payment records in England, Scotland and Wales with a credit reference agency. Banks and other lenders could then use this information to decide whether or not to lend to somebody. Currently, even a missed or late payment on a mobile phone bill can be enough to cause somebody to be declined credit…

Even those parents who do end up with a mark on their credit record may still be able to successfully borrow money. The DWP has a contract with only one of the three credit reference agencies, Experian. This means that any lender which uses either or both of the other two credit reference agencies, Equifax and Call Credit, will not be privy to the information.”

So, to summarise, the Department for Work and Pensions waited for nearly three years after it promised to start using this power, and even now, it only informs one of the three credit reference agencies.

The Department for Work and Pensions deliberately prioritises the financial comfort of non resident fathers over the welfare of mothers and their children. While fathers face no adverse credit rating for debts owed to mothers, mothers are forced into debt. The Independent reported in December 2018 that 39 per cent of single mothers are in debt because their former partners refuse to pay child maintenance and that 11 per cent have resorted to using food banks.

The Child Support Act 1991 states:

Welfare of children: the general principle

Where, in any case which falls to be dealt with under this Act, the Secretary of State or any child support officer is considering the exercise of any discretionary power conferred by this Act, he shall have regard to the welfare of any child likely to be affected by his decision.

It is evident that the Secretary of State is failing to have regard to the welfare of children affected by fathers’ refusal to pay child support.