AN IRISH woman living in the UK has failed in her challenge to the UK Child Support Agency for its alleged failure to secure maintenance for her and her children from her estranged husband.
The couple married in 1983 and had four children. The marriage broke down and the husband left the family home early in 1994, agreeing orally to pay £150 in child support. According to the applicant wife, these payments ceased shortly afterwards, and she applied to the Child Support Agency to obtain maintenance.
By March 1996 arrears of £4,244 had built up. The husband agreed to pay both maintenance and arrears, but the payments were again discontinued. In February 1999 the secretary of state issued an apology to the applicant and paid her £10,381.14, comprising both money she was owed and interest.
Further orders were issued against the husband, including a committal (to prison) order, and further efforts were made to get the husband to pay the sums owed, which totalled £21,788 by September 2002. He paid £1,500 in December of that year.
The woman sought a declaration that the provisions of the Child Support Act 1991 were incompatible with Article 6.1 of the European Convention on Human Rights as they denied a parent with children the right of access to court to seek maintenance. She also sought damages against the CSA for the delay in trying to obtain payment for her.
The woman's claim was initially successful but the House of Lords subsequently ruled that it could not interfere with the regime introduced by parliament in the Child Support Act.
The European Court of Human Rights has ruled that the right of access to the courts is not absolute, but subject to regulation by the state. The court also noted that she could have brought judicial review proceedings, but had not done so, and concluded that she was not deprived of access to court contrary to Article 6.