Appealing Child Support Decisions

The Tribunals Service handles appeals relating to child support decisions, both those that are made by the Child Support Agency and Jobcentre Plus. The tribunal can also vary decisions made by the CSA and Jobcentre Plus. If the tribunal makes a decision that is wrong in law, this can be appealed to a child support commissioner.

Timescale for Appeals to be Made

Appeals must be made within one month of receipt of notice of the decision, which is deemed to be the date when the notice is issued. An appeal may be lodged outside the time limit (‘out of time’), but only by making a written application, which must comply with certain requirements. In these circumstances there must be compelling reasons to allow an appeal to be considered, and the later the appeal, the more compelling the reasons must be.

Evidence for the Appeal

The CSA will prepare a submission, which will vary in length depending on whether, in its view, the CSA considers the appeal to have merit or not.

When you decide to appeal a decision, you should consider whether or not you have any further evidence that you want the tribunal to consider in relation to your case. You should also give thought to whether or not you have any witnesses. If you require further information or evidence from another source, you can ask the tribunal to give a direction that the information should be released for the purposes of your appeal.

Appeals can be struck out by the tribunal’s clerk in several circumstances: if the appellant does not pursue the appeal properly; or by failing to comply with a direction given by the tribunal (if it has been specified that such failure will result in a striking out), or if the appellant doesn’t notify the tribunal that he/she requires an oral appeal hearing.

Hearing the Appeal

Either party in an appeal can apply for an oral hearing. In the alternative, the tribunal can direct that there is a need for an oral hearing. In all other cases, the appeal will be decided on the papers. Hearings are usually held in public.

The Appeal Decision

When the evidence has been heard and submissions read, the tribunal members will consider the case. The decision will usually be provided to all parties on the day of the hearing.

Appealing a Decision in Law

If the tribunal makes a decision that is wrong in law the decision can be appealed to the child support commissioner. This is not an appeal that can be made on the facts of a particular case, but must essentially be on the basis that the law relating to the decision was either misinterpreted or used incorrectly in the appeal. Either party can appeal a decision in this way.

In order to appeal a point of law you must first obtain permission from the tribunals service to do so, and within one month of the tribunal’s decision. Unlike other appeals, these cases are usually determined with written submissions only. However, some cases do have oral hearings, in which case the commissioner usually reserves the decision to a later date (i.e. does not provide a decision there and then in relation to the outcome.)