Fathers did not have fair trial
Wednesday 31 October 2012
Two fathers given suspended jail terms for not paying child support yesterday won legal fights after complaining that their human rights were breached.
Both said procedures adopted by the Child Maintenance and Enforcement Commission – formerly the Child Support Agency – did not comply with their rights to a fair trial. The Court of Appeal ruled in their favour, with judges saying the procedures were flawed and calling on the commission to make changes urgently.
They said the burden of proof was "upside down" because defendants had to "show cause" why they should not be jailed.
A spokesperson for the Department for Work and Pensions said: "It is extremely disappointing that parents who have flouted their legal responsibility to financially support their children have invoked the Human Rights Act to seek to continue to do so. Regrettably, we need every enforcement measure at our disposal to ensure the minority of irresponsible parents pay for their children.
"It is important to stress that this judgement does not question the legality of bringing parents who repeatedly refuse to pay for their children to the attention of magistrates, who can then decide whether to send them to prison. We will of course consider any other implications of this judgement carefully and take the appropriate action."
- 1 A politically correct lefty goes to see Top Gear live – you'll probably believe what happened next
- 2 Woman accidentally shoots herself in the head while posing for a selfie
- 3 Isis burns woman alive for refusing to engage in 'extreme' sex act, UN says
- 4 Puerto Rico, island of lost dreams: People are leaving the debt-hit territory in droves as near neighbour Cuba's star rises
- 5 David Starkey 'tells Amal Clooney to shut up and stop over-promoting human rights'
Isis 'jihadi bride' claims forced sex with Yazidi girls is never rape because Koran condones it
Woman accidentally shoots herself in the head while posing for a selfie
Isis burns woman alive for refusing to engage in 'extreme' sex act, UN says
David Starkey 'tells Amal Clooney to shut up and stop over-promoting human rights'
16-year-old girl beaten and burned alive by lynch mob in Rio Bravo, Guatemala
As a white man, I'm surprised more women aren't tweeting the hashtag #KillAllWhiteMen
Scotland may have to leave the EU even if it votes to stay in, David Cameron confirms
The day that Britain resigned as a global power
Almost a third of school pupils believe 'Muslims are taking over our country', study claims
SNP fury as HS2 finds 'no business case' for taking fast train service to Scotland
Gay marriage 'Bert and Ernie' cake bakery found guilty of discrimination in Northern Ireland
£40-50K: Guru Careers: We are seeking an experienced Software / C# Developer w...
£35 - 40k + Benefits: Guru Careers: We are seeking a Software Developer (JavaS...
£18000 - £23000 per annum + Commission: SThree: As a Trainee Recruitment Consu...