37. In July 1999, the Government issued the White Paper 'A new contract for welfare: Children's rights and parents' responsibilities', setting out proposals for the introduction of simplified legislation governing the assessment of child maintenance.[24] Linked to this, the Agency planned to implement a new information technology system.[25]

38. We asked the Agency about the proposed arrangements, and in particular how they planned to deal with existing cases, including the legacy of error. They told us that the proposals in the White Paper were certainly radically simpler in that they would have to deal with seven to 11 pieces of information compared with 104.[26] They assured us that they were trying to approach implementation of the new arrangements in a professional and prudent way. In terms of handling the transition, they first had to get the remaining work on hand down to acceptable levels; the more up-to-date their cases were, the easier transition would be. To this end, they were setting targets and receiving extra resources over the next 18 months. Secondly, they were planning a major data cleansing operation, which should also improve the information that needed to be put across. Thirdly, they planned to work closely with the private sector consortium that would be supplying the new information technology systems to make sure that key issues like the business requirements, proper risk management, and proper assurance mechanisms were put in place. And, the new system would provide both parents with care and non-resident parents with regular statements of how much had been paid and how much was outstanding, so that the Agency could agree those sums and enter into the new regime on a more agreed basis.[27]

39. We asked about the timetable for implementation of the new arrangements and implementation of the new information technology systems. The Agency told us that the Government was determined, as they were, that implementation should be done properly. They had learned the lessons from the rushed implementation of the current system, and although at the time of our hearing Ministers had not decided precisely on the implementation date, they recognised it would not be possible before the end of 2001.[28]

40. Subsequently, the Secretary of State announced that the new scheme would come into effect from April 2002. This date was set after listening both to the Agency and its information technology provider, and followed the Government's commitment to ensure that the new scheme was not brought in until everything was ready.[29]

41. Finally, we asked about the possible impact of European Union legislation on human rights, on the way the Agency dealt with customers. The Agency told us that an audit of current legislation was undertaken by the Solicitors Branch in consultation with Child Support Policy in the autumn of 1999 to ensure it met with the requirements of the Act. This identified little impact. However, the Agency assured us that they would continue to monitor emerging case law closely as they cannot be sure how the domestic courts will interpret the Act.

42. In addition to proofing existing legislation, a line scrutiny of the Child support, Pensions and Social Security Bill was carried out, which resulted in the issue of a S.19 Statement of compatibility at the first reading in the House of Commons at the beginning of December 1999.

43. To prepare staff for introduction of the Human Rights Act in the day to day performance of their duties, the Agency have commissioned a compliance audit of all internal and external guidance and advice. The project will analyse the impact of the human Rights Act on Training issues, guidance about business processes and human resource issues. The objective is to identify all procedures, guidance manuals, notifications and leaflets where there is a potential that the Agency is not meeting the standards required by the Act. A programme of awareness training will be prepared to ensure that staff are aware of their own, and Agency's responsibilities.[30]

Conclusions

44. The changes proposed in the White Paper 'A new contract for welfare: Children's rights and parents' responsibilities', combined with a new information technology system, offer a solution to many of the problems that have beset the child support arrangements and the Agency since 1993. And while some will be disappointed that these new arrangements will not be implemented until April 2002, it is essential that they are properly planned and tested.

45. Although the Agency have a number of steps in hand to clear backlogs and cleanse existing data, we are concerned that the significant legacy of error might not be tackled before 2002, and might therefore pollute the new system. We look to the Department of Social Security and Agency to ensure sufficient resources are deployed to remedy past errors before existing cases are transferred to the new arrangements.

25  Treasury Minute Cm 4349 and C&AG's Report (HC 533, 1999-2000 Session ), paras 4.16-4.18 Back

26  Minutes of Evidence Qs 134-135 Back

27  Minutes of Evidence Qs 6-9, 56-57, 129-131, 142, 158-160 Back

28  Minutes of Evidence Qs 15-19, 48, 87-88 Back

29  Evidence, Appendix 1, pp 22-25 Back

30  Minutes of Evidence Qs 199-200 and Evidence, Appendix 1, pp 22-25 Back