News In Focus
28 October 2005
Refusal to pay CSA brings driving ban
An Ayrshire man has been given a six month driving ban for failing to meet a liability order in favour of the Child Support Agency.
Sheriff Seith Ireland at Kilmarnock Sheriff Court made the order against Thomas McNamara of Beith under the powers in section 39A of the Child Support Act 1991 after hearing that a liability order for £4,167 made in 2000 remained unsatisfied.
The sheriff found that Mr McNamara believed that the CSA scheme was unjust and should be abolished and was wilfully refusing to make payment under the order.
The solicitor for the Agency, which sought the sanction, advised the court that two such orders had previously been made in Scotland but no written judgments had been issued. Sheriff Ireland considered himself bound to do so by section 50 of the 1907 Sheriff Courts Act.
The sheriff decided that before imposing either penalty permitted by section 39A, imprisonment or disqualification, he required to be satisfied beyond reasonable doubt that there had been wilful refusal or culpable neglect on the part of the liable person. In the present case the evidence met that test.
He also considered that imprisonment was a last resort, and disqualification was the sanction which met the circumstances of the case. Mr McNamara did not require his driving licence to earn his living, as required by section 39A(3); he earned income from work for the Army Cadet Force and had held employment; consequently he had had the ability to pay but had wilfully refused to do so.
Although a period of up to two years was permitted, a six month ban was appropriate for a first such order, which would be lifted if the amount due under the liability order was paid.
Sheriff Ireland's opinion can be read at http://www.scotcourts.gov.uk/opinions/B854_04_McNamara.html