The Kellett and Briggs Bill Campaign

The Kellett and Briggs Bill Campaign

Right First Time UK

Fair Decisions. Public Money. Real Accountability.

 

The Kellett and Briggs Bill  DRAFT 

 

Purpose:
To reform the Child Maintenance Service (CMS), Child Benefit rules, family court transparency, and public-sector accountability where poor decisions create false debt, financial hardship, family breakdown, and avoidable harm to children and parents.

This Bill seeks to ensure that public services protect families rather than punish them.

PART 1 — Shared Care and Child Benefit Reform

Clause 1 — Shared Child Benefit Entitlement

Where parents have genuine shared care, including 50/50 care arrangements, Child Benefit must be capable of being:

shared proportionally
or

alternated fairly between both parents

The automatic presumption that only one parent is financially recognised must end.

Children living across two homes must be recognised across two homes.

 

Clause 2 — Neutral Starting Position After Separation

Following parental separation, where both parents provide safe care, all public systems must begin from a neutral shared-care position.

No automatic presumption of a “primary carer” should exist without evidence.

This includes:

CMS

Child Benefit

housing support

benefit calculations

school and local authority recognition

 

PART 2 — CMS False Debt Protection

Clause 3 — No Debt Without Proof

No CMS arrears, enforcement action, or liability order may proceed unless CMS has provided:

full written calculation

All Sources of information given, but not limited to; ( A non resident parent / paying parents income, shared care, payments made)

legal basis for the debt

payment history review

annual review compliance

proof of notification

case closure checks

shared care review

hardship and vulnerability assessment

False debt must not be enforceable.

 

Clause 4 —Fully Independent Review Before Enforcement

Before:

Deduction from Earnings Orders

bank deductions

liability orders

bailiff action

passport restrictions

driving licence suspension

there must be access to:

independent review

outside CMS internal decision-making.

Enforcement must never begin before review rights are exhausted.

 

Clause 5 — False Arrears Compensation Duty

Where CMS creates false arrears through administrative error, failure to close cases, system failures, or unlawful enforcement:

CMS must provide:

automatic correction

compensation review

financial loss reimbursement

formal written explanation

The burden must not remain on the parent to fix government error.

 

PART 3 — Family Court Transparency

Clause 6 — Quarterly Publication of Family Court Decisions

Family court decisions involving:

child arrangements

shared care

parental responsibility

repeated CMS-linked disputes

must be published quarterly in anonymised form.

Publication must include:

judicial reasoning

outcome

legal basis

judge’s name (unless specific safety exception applies)

Publication must exclude:

parent names

child names

addresses

identifying personal details

Justice must be transparent.

 

Clause 7 — Shared Care Wording Standards

Family court orders involving shared care must use clear standard wording to avoid CMS misinterpretation.

Orders must clearly state:

percentage of care

overnight arrangements

school holiday arrangements

whether no primary carer exists

Ambiguity must not create false debt.

 

PART 4 — Public Contractor Accountability

Clause 8 — Contractor KPI and Fair Pay Duty

Where public contractors fail:

service standards

contractual KPIs

lawful wage obligations

safe staffing requirements

public authorities must:

review contracts

use clawback powers

publish failures

investigate underpayment

refer serious labour exploitation where required

Public money must not fund exploitation.

 

PART 5 — Public Complaint Reform

Clause 9 — Right First Time Duty

All public bodies must operate under a legal:

Right First Time Duty

requiring lawful, evidence-based, fair decision-making before:

complaints

appeals

tribunals

ombudsman investigations

legal enforcement

Avoidable rework is public waste.

 

Clause 10 — Annual Public Failure Reporting

Government departments must publish annual data on:

complaints upheld

tribunal losses

false debt corrections

compensation paid

repeated service failures

enforcement errors

The public must be able to see the real cost of getting it wrong.

 

PART 6 — Mental Health and Suicide Prevention

Clause 11 — Vulnerability and Safeguarding Duty

Before enforcement action involving debt, public bodies must complete:

vulnerability checks

mental health risk review

domestic abuse review

safeguarding checks involving children

Financial enforcement must never ignore suicide risk or family harm.

 

 

Why This Bill Matters

Too many families are facing:

false arrears

forced deductions

court battles

emotional collapse

financial hardship

family breakdown

preventable deaths

Public systems must not create harm and then hide behind process.

 

In Memory Of

Robert Andrew Kellett

(11 March 1966 – 16 April 2026)

and

Gavin Briggs

(8 May 1980 – 1 July 2020)

whose experiences helped expose the human cost of systems getting it wrong.

Their fight continues through this Bill.

Our Closing Statement

No debt without proof.
No enforcement without fairness.
No silence without accountability.

Public services should protect families — not destroy them.

 

 THIS IS  A DRAFT AND CAN BE AMENDED 

KEEP THE CONVERSATIONS GOING  

 

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