LAW06 - Child Support Policy and Practice
Submitting Institution
University of YorkUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Policy and Administration
Summary of the impact
Christine Skinner (submitted under UoA:20 Law) has produced research with
colleagues over an
eighteen-year period that has impacted significantly on the development of
child maintenance law
and practice throughout the period 2008-13. Through various methods, her
body of work and
research expertise have informed the radical re-design of the UK child
maintenance system, with a
shift from a coercive, administratively imposed system to one that
stresses parental negotiation
and agreement. Equally, her work has directly influenced the development
of a support
infrastructure to underpin the new system's implementation. These impacts
in turn benefit
separating parents and the well-being of their children (estimated at 30%
of all UK dependent
children).
Underpinning research
There are three research projects that underpin the impacts described in
this case study. The
ESRC's Population and Household Change Programme funded the first
project in 1995. A team
of York researchers, including Skinner (Research Assistant, 1995; PhD
student 1996-98;
Research Fellow, 1990-00; Lecturer, 2000-08; Senior Lecturer, 2008 —
present), carried out path-breaking
empirical research on child support. The Child Support Act 1991 had
introduced a new
system of child maintenance in 1993. However, the new system had been
designed without the
benefit of adequate research on parents' attitudes and behaviour towards
child maintenance.
Both the Act itself and its implementation were controversial and
compliance with the new regime
was very low. Skinner and her colleagues conducted the first ever national
survey of 600 non-resident
fathers, estimating the population size and describing patterns of
maintenance payments
and contact arrangements. They also carried out a qualitative study of
fathers' willingness to
make maintenance payments. In combination, these studies demonstrated,
somewhat counter-intuitively,
that it was because fathers cared about maintaining their role as fathers
that they
became reluctant to pay maintenance. The Child Support Act's failure to
recognise this, they
argued, was its fundamental flaw. Skinner had sole responsibility for the
qualitative study of
fathers' willingness to pay maintenance. Additionally, she (with Bradshaw
and Stimson) planned
the survey. Skinner designed the survey sections dealing with child
maintenance, the Child
Support Agency, informal financial support, debts and financial
settlements.
The Department for Work and Pensions commissioned the second research
project in
the run up to its re-design of the child support system. By 2006, the
Government had signalled
that it wanted a re-design. Skinner (with York colleagues, Bradshaw and
Davidson) was lead
researcher on a comparative project on child maintenance schemes in 14
countries. This
research confirmed that private agreements between parents about child
maintenance were
advantageous. It also suggested that the UK compared unfavourably with
other countries in
terms of the effectiveness and economy of its regime.
The third project took place following the legislative changes of
2008. The Department for
Work and Pensions commissioned PriceWaterhouseCoopers in 2009 to conduct a
qualitative
enquiry into willingness to pay child maintenance among 67 parents without
agreements. Skinner
acted as a research consultant on this project, advising on research
design, analysis and findings.
She also co-authored the final report. This research extended her earlier
research and confirmed
its finding that the quality of family relationships is crucial to the
making of financial commitments
towards children.
References to the research
1. Bradshaw, J., Stimson, C., Skinner, C. and Williams, J. (1999)
Absent Fathers? (London:
Routledge). The original ESRC research was peer reviewed at grant stage.
It was a major study
and the first study to achieve a large sample of non-resident fathers from
among the general
population. (Available on request)
2. Skinner, C and Davidson, J (2009) `Recent Trends in Child
Maintenance in 14 Countries'
International Journal of Law, Policy and the Family, 23: 25-52.
DOI:10.1093/lawfam/ebn017. This
is based on research that was peer reviewed at grant stage and is
published in a peer-reviewed,
international journal. It was the largest study of its kind, comparing
systems across 14 countries.
3. Andrews, S., Armstrong, D., McLernon, L., Megaw, S., and Skinner,
C. (2011) Promotion
of Child Maintenance: Research on Instigating Behaviour Change,
(Child Maintenance and
Enforcement Commission, Research Report no, 1, Leeds: Corporate Document
Centre,
2011)http://webarchive.nationalarchives.gov.uk/20120716161734/http://www.childmaintenance.org
/en/pdf/research/Main-Report-Vol-I.pdf. This project was peer
reviewed at grant application stage.
Details of the impact
Skinner's research has had two primary impacts. First, it influenced the
radical re-design of the
child support system through the Child Maintenance and Other Payments Act
2008. Second, it
informed further reforms made to this system under the Welfare Reform Act
2012. These impacts
occurred by way of three different methods:
Method 1: Establishing a foundational principle for policy re-design
The Child Support Act 1991 is widely regarded as having been a major
policy failure. In 1999
Skinner (with Bradshaw, Stimson and Williams) published research with a
key finding that became
a foundational principle in the subsequent re-design of the system.
Skinner and colleagues
demonstrated convincingly that the Child Support Act was failing, in large
part, due to its failure to
recognise the deep connections between non-resident fathers' financial
commitments to their
children and their social and emotional bonds with those children. The
core finding that later
provided the foundation for the radical re-design of the Child Support
System was as follows:
"The results of this research show that no child support scheme has a
prospect of success
unless it is based on negotiation between the parents, which is recognised
as fair, and the
perception of fairness on the fathers' part depends more than anything on
their ability (and the
former partners' willingness) to have shared parental responsibility for
their children... What is
needed is a service that enables these fathers and mothers to work out
arrangements for child
support, contact and other matters that concern them." (1999: 249)
This core finding was acknowledged and confirmed two years later by
research commissioned by
the Department for Work and Pensions. Referring to the summary of findings
of the ESRC's
Population and Household Change Programme [Source 1, p. 108],
Wikeley et al reiterated the
York research's basic message that negotiation between the parents that is
recognised by them as
being fair is crucial to rates of compliance with child support law
[Source 1, pp, 107; 159; 161]. This
principle became central to the eventual re-design of the system. Although
it took until 2006 for the
Government to signal that it was ready for radical reform, the report that
set out the re-design
recommendations focused centrally on the core message that parents should
be able to take
responsibility for making their own arrangements. Citing Wikeley et al
(who, in turn, had cited the
York research), Sir David Henshaw stated:
"Parents who are able to should be encouraged and supported to make their
own arrangements.
Such arrangements tend to result in higher satisfaction and compliance and
allow individual
circumstances to be reflected." [Source 2: p. 5]
This core principle was then carried into the Government's White Paper:
"The Government has accepted Sir David's principal recommendations. Based
on these it has
established four new principles for the reform of the child maintenance
system, [the second of
which is to] ... promote parental responsibility by encouraging and
empowering parents
to2028 make their own maintenance arrangements wherever possible..."
[Source 3, p. 6]
The new child support system was eventually introduced through the Child
Maintenance and Other
Payments Act 2008. It reflected the core message of the original York
research, embedding the
principle of promoting and supporting parental arrangements about child
maintenance.
Method 2: Commissioned Research Feeding Directly into Policy Change
Skinner also conducted two further research projects that had been
commissioned by policy
makers directly to inform policy design and development. The first of
these — a comparison of child
maintenance systems in 14 countries — was commissioned in 2006 by the
Department for Work
and Pensions to help it undertake the "far-reaching and ambitious"
re-design of the child support
system [Source 5, p. 5]. The significance of the York research report to
the proposed re-design of
the system was noted in the Government's summary of responses to its
consultation:
"The report [by Skinner and colleagues] illustrated how the UK's child
maintenance system
performs in an international context and drew out potential lessons and
policy implications
across areas such as private maintenance arrangements, enforcement,
administration, and
the disregard of child maintenance payments in benefits calculations."
[Source 5, p 90]
The second research project was commissioned in 2009 by the new agency
that had by then
replaced the Child Support Agency. The Child Maintenance and Enforcement
Commission asked a
research team from PriceWaterhouseCooper (including Skinner as the
academic consultant) to
undertake research that would help it understand the behaviour of parents
with no formal child
maintenance arrangements in place. This research helped the Government
understand how more
parents could be encouraged to make private agreements. It recommended a
range of supportive
services that tackled separated family relationships and the practical and
emotional consequences
of relationship breakdown. In January 2011 the new coalition Government
published a Green
Paper with proposals to further strengthen the new child support system:
"Central to our approach to reform is an integrated model of relationship
and family support
services, which helps parents make their own, lasting arrangements."
[Source 8, p. 5]
The Government cited Skinner's research in its response to the
consultation submissions [source
9, pp. 1, 14, & 17], and in the Minister's public discussion of the
proposals [source 10]. In 2012, the
government's proposals were legislated through the Welfare Reform Act. The
new policy
framework gave due recognition to the complex range of needs with which
separating parents may
require help before they can focus upon making child maintenance
arrangements. Five new
`Supporting Separated Family Guides' were produced to offer this support
and advice to separating
parents. On the last page of each of these guides it is noted that the
main sources of research
used to write them included Skinner's work with PriceWaterhouseCooper
[source 12].
Method 3: Research Expertise Leading to Academic Consultancies
In addition to producing excellent research on child maintenance, Skinner
has also been invited on
numerous occasions, as a direct result of her research experience and
expertise, to act as an
expert consultant.
- She was invited to participate in high-level policy seminars organised
to inform the
Henshaw review of 2006 and subsequent White Paper. These seminars also
involved key
Ministers, the DWP's Director of the Child Support Division responsible
for the policy redesign, as
well as other academic experts [sources 3, p. 94; source 5, pp. 10-11,
para 1.8].
- The House of Commons' Work and Pensions Committee appointed
Skinner as one of its
two Specialist Advisors to help it respond to the White Paper proposals
of 2006 [Source 4, p. 7].
She helped to set the key recommendations for its report. The Committee
called on the
government to introduce holistic support services dealing with all
aspects of parenting in separated
families, not just child maintenance obligations.
- Skinner was one of two academic consultants within a research
consortium commissioned
by the Department for Work and Pensions to conduct a further national
survey of separated
parents' experiences and views concerning child maintenance (Source 7,
p. 7, fn 6). She assisted
in the development of the survey instruments and data analysis. She also
commented on drafts of
the report. This research confirmed that parents supported private
agreements, but only if
supported by effective information and support services. This research
was relied upon in the
Green Paper that preceded the 2012 reforms [source 8, p. 20] and cited
in the response to the
Green Paper consultations [Source 9, pp. 44, 31]. It also directly
informed the development of the 5
new `Supporting Separated Family Guides' (noted above) subsequent to the
reforms [source 12].
- In 2008, Skinner presented a paper about her research at a private,
high-level policy
seminar, chaired by a Minister and attended by the first Chair of the
new Child Maintenance and
Enforcement Commission and the Director of the DWP's Child Support
Division [source 6]. Her
findings were key in the development of Child Maintenance Options,
a service offering holistic
information and support to all separating parents (not just CSA
clients), helping them to make
private agreements (http://www.cmoptions.org).
- In 2011, Skinner was invited by Maria Millar, the Parliamentary Under
Secretary of State, to
join a `Family Support Services Steering Group' as an academic expert to
help inform the reforms
being developed under the Welfare Reform Act 2012 [source 11].
Conclusion
Skinner's body of work, by various means, has impacted significantly on a
radical change in child
support policy. Equally, it has directly informed the subsequent
development of a support
infrastructure to promote the success of the new legal regime. Child
maintenance obligations are
now recognised by policy-makers as being intimately interlinked with
family relationships. This has
been the consistent message of Skinner's research since the original study
in 1995.
However, these primary impacts give way to clear secondary impacts. The
policy changes
since 2008 affect all separated parents in the population, not
just CMEC clients. The agency
tasked with providing information and support to separating parents (Child
Maintenance Options)
estimates that it has already helped one million parents [source 13]. And
in turn, of course, the
benefit of those impacts will then be felt by the dependent children of
non-widowed lone parents
(estimated at 30% of all UK dependent children). The policy move to
parental agreements and the
delivery of new support services are targeted ultimately at the well-being
of children.
Sources to corroborate the impact
- Wikeley, N, Barnett, S, Brown, J, David, G, Diamond, I, Draper, T and
Smith, P (2001) National
Survey of Child Support Agency Clients (Department for Work and
Pensions: TSO)
- Sir David Henshaw (2006) Recovering Child Support: routes to
responsibility (Cm 6894)
- White Paper DWP (2006) A New System of Child Maintenance,
Norwich: TSO
- House of Common Work and Pensions Committee (2007) Child Support
Reform, (HC 219-1)
- DWP (2007) A new System of Child Maintenance, Summary of
Responses To Consultation,
Norwich: TSO
- Skinner, C. (2008) Understanding `Willingness To Pay' Child
Maintenance, presented at private
seminar `Relationship Breakdown And Child Maintenance: Creating A
Successful Child
Maintenance System', Nuffield Foundation, London, 2.10.2008. (copy on
file)
- Wikeley, N, Ireland, E, Bryson, C and Smith, R (2008) Relationship
Separation and Child
Support Study (Department for Work and Pension Research Report
503, Norwich: TSO).
- DWP (2011) Strengthening families, promoting parental
responsibility: the future of child
maintenance (Green Paper: Cm 7990)
- DWP (2011) `Government's response to the Green Paper consultation Strengthening
families,
promoting parental responsibility: the future of child maintenance'.
- Radio 4 `Woman's Hour' interview on child maintenance reforms (7/3/11)
with Maria Miller MP
(Parliamentary Under Secretary of State). She cites Andrews et al 2011
as
`PricewaterhouseCoopers' research. http://www.bbc.co.uk/programmes/p00fj15k
- Letters (2011-12) from the House of Commons inviting Skinner as
academic expert to join the
`Family Support Services Steering Group' (on file)
- Child Maintenance Options 5 `family support guides':
http://www.cmoptions.org/en/toolbox/leaflets.asp
- DWP Press Release, 8th May 2013: https://www.gov.uk/government/news/child-maintenance-
options-goes-from-strength-to-strength