This book presents a wholly new perspective on the Child Support Agency. The authors were granted privileged access to the CSA's own staff and were thus able to monitor case conduct from both the Agency and the client perspective. In a gripping analysis they compare the accounts of former husbands and wives with those of their respective legal advisers,and, critically, they incorporate the experience and views of the beleaguered CSA staff who attempted to calculate and enforce child maintenance obligations in those same cases. The media picture of the misery visited upon 'absent fathers' is borne out in part, but even more striking is the authors' account of a catastrophic administrative failure which led to the abandonment of many of the basic tenets of administrative justice. The reasons do not lie in the perceived unfairness of the formula but rather in the failure of those drafting the Child Support legislation to appreciate the impact of such change upon the rest of our hugely complex benefit structure.
Their failure to grasp that the problems of inadequate disclosure and ineffective enforcement - with which courts had grappled for decades - could not be tackled effectively by a distant bureaucracy.
Rezensionen / Stimmen
[an] in-depth and well-rounded studyWhere the book adds to our knowledge derives from the legal and quasi-legal questions which the research addressed and from its almost unique insights inside the company. Professor Gary Craig Journal of Social Welfare and Family Law September 2002 This book should become, if it is not already, required reading for all those engaged in attempting to rectify the failings of the current systema delight to readthe findings will command wide respect and support. Gillian Douglas Journal of Social Security Law September 2002 There will be much to interest Australian readers, because the authors consider a number of issues that arise in any statutory scheme of child support. John Dewar Australian Journal of Family Law September 2002 Valuable reading for all involved in family law. Carole Jean Family Matters September 2002 The book tells quite a fascinating story I relished the level of detail included and became immersed in the clients' cases; the different perspectives; the attempts by absent parents and parents with care to paint a particular picture; the efforts made by some absent parents to minimise the level of maintenance, contrasting with the desperate attempts of some parents with care to receive it; the seemingly endless struggle of the Agency staff to cope with the complexity of the formula and of people's lives; and above all the overwhelming confirmation that the policy as it currently stands is quite simply undeliverable Let's hope this government can use this important research to ensure that the new system delivers. Colette Roberts Benefits February 2003 You need a copy: if you want to add your voice to a debate about the system of child maintenance that is needed; or if you are a child affected, a parent of that child or a Child Support Agency (CSA) worker and want insight into what may be happening for others in the system. As such it is essential reading for the legal advisers of all those individuals. James Pirrie Family Law February 2003
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 15 mm
Gewicht
ISBN-13
978-1-901362-70-1 (9781901362701)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Gwynn Davis is Professor of Socio-Legal Studies at the University of Bristol. Nick Wikeley is Professor of Law at the University of Southampton. Richard Young is Professor of Law and Policy at Bristol University.
Autor*in
Upper Tribunal, UK
Part 1 The birth of the Child Support Agency: the development of a political agenda for reforming child support; child support - the international context; children come first - the White Paper and responses; the Child Support Bill in parliament; the research project; the structure of the book. Part 2 The formula: the formula in outline; the formula - the parents' perceptions; the formula - fundamental problems; the Child Support Act 1995 - departures from the formula. Part 3 Child support, social security and the lone parent family: the balance between private and public support for lone parent families; child support, social security and the low paid single parent; the impact of the Child Support Agency. Part 4 Inside the Child Support Agency: the official verdict on the Child Support Agency; agency structure and staffing; priorities; quality versus quantity; the moving target; enforcement strategies; opting out of the Child Support Agency. Part 5 The Child Support Agency from the perspective of parents: the story of Malcolm Bridley and Selena Ericson; delay; targeting; pressure from parents; contacting the right person; resistance; the toothless dragon (or vegetarian tiger); arrears; from formulaic precision to discretionary rough justice; accountability. Part 6 Redressing grievances through second-tier reviews: the two-step system for challenging an assessment; the story of Stuart and Doreen Mullins; analysis of key themes. Part 7 The Child Support appeal tribunals: ithe story of Stuart and Doreen Mullins (concluded); analysis of key themes. Part 8 Lawyers and courts: the Child Support Act 1991; the research agenda; the Child Support Agency and ancillary relief; the impact of the Child Support Agency upon the negotiation timetable; the story of Anne and Philip Hughes; anticipating an assessment; solicitor knowledge of and direct involvement with the Child Support Agency; the impact of the Child Support Agency upon solicitors' workloads; key comparisons between Child Support Agency and lawyer-led negotiations. Part 9 Relationships and negotiations: the story of Lynn and Brett Enderby; new families for old; re-visiting the past; something else to quarrel about; misunderstanding the Child Support Agency; administrative failure; the Child Support Agency and voluntary giving; maintenance and contact; disputed paternity; the costs and benefits of an arms-length system; negotiating in the shadow of the Child Support Agency. Part 10 Conclusion: introduction; justice between parents; what is the right balance between state and private resources in supporting children following relationship breakdown?; formula versus discretion; administrative effectiveness; the impact of the Child Support Agency 1991 upon parents' employment prospects and employment decisions; payment and enforcement; final thoughts. Appendix: research method.
