Written evidence to be reported to the House
Child Maintenance and Other Payments Bill
12:00 pm
Professor Wikeley: It is difficult to see how you could step much further backwards, given the mess that we are in at the moment. I would like to say that it is a step forward, but maybe only one step. However, as I say, I remain sceptical about the emphasis on private ordering. I say that because when the 1991 Act was passed, we all assumed, wrongly as it turned out, that the agency would take over the role of the courts. That has not happened.
What has happened is that private arrangements, or private absence of arrangements, have taken over the role of the courts. Obviously it is better if people can make private arrangements and compliance rates are better. However, the reality for most people—well, those that are not on benefits—is that they have had that option for years and have or have not been doing it as the case may be. I do think that there is a huge pool of people out there desperate to do private arrangements who have somehow been frustrated by the existing system.