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What Happens When the CSA Get it Wrong?

Author: Anna Martin - Updated: 19 September 2010 | Comment
 
Complaints Review Team Csa Child Support

As with any organisation that relies heavily on administrative resources, the Child Support Agency may, from time to time, cause parents to become frustrated, disappointed and annoyed. A parent with care may express concerns over the lateness of payment distribution or the lengthy application process, whereas the non resident parent may feel stressed at having to provide so much personal information. Understanding there are times when the Child Support Agency gets it wrong will help parents deal with resolution.

How To Complain About Service

The first thing a parent should do, if they are not satisfied with the level of service the Child Support Agency provides, is to contact them direct. Contact can be made by phone or in writing. Communicating in writing provides the parent with a visual record which can be presented at a later date if required. When writing a letter of complaint it is worth photocopying the original letter, if a PC document is not used and stored.

If CSA staff are unable to resolve the issue and a parent wishes to pursue the matter further, details of the individual’s case will be forwarded to the Child Support Agency’s Complaints Resolution Team.

Taking A Complaint Further

Once a parent has received a response, to their complaint, from the Complaints Review Team they have the option to take the matter further by writing to the Independent Case Examiner. This service is free to all parents, although the Independent Case Examiner will only consider accepting a case if they are satisfied the complaint has been reviewed appropriately and according to strict guidelines. In order to use this service however, parents must contact the Independent Case Examiner within 6 months of receiving the Complaints Review Team’s response.

Appealing Against A Decision

If a parent feels a decision is unjust or unacceptable they must contact the Child Support Agency and ask them to explain their decision. Parents can also request a formal appeal. It is worth bearing in mind that any new decision that the CSA make may increase or decrease the amount of payable maintenance.

Whilst the decision is being examined, the original decision remains in force and all maintenance payments will be collected and distributed accordingly.

Are Parents Compensated?

A complaint may highlight a lengthy period of processing, incorrect information or even a serious mistake. This is formally known as maladministration, and if this occurs an apology is usually not enough. Some parents may have lost money through the Child Support Agency’s negligence and will expect to be compensated for the inconvenience.

In cases where financial compensation is paid out this will be treated as part of handling the complaint. A parent, however, has no legal right to compensation and must wait to have their complaint assessed. The Child Support Agency decide this by using a set of rules that have been agreed by the HM Treasury and the National Audit Office.

In the financial year 2006/07 the CSA paid out around £3.5m in compensation to parents.

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Comments...

I have just received a letter from the CSA telling me I owe them £1745 in arrears. This is despite me informing them that I am working and waiting for them to get back in touch as the lady I spoken to promised - apparently I have to pay £30 a week for my child which is an estimate so broad I have no idea how they reach it. They also have clearly not taken into consideration the two payments of £300+ in payments I have already made in the time frame the decision was apparently backdated until. Of course, that is up to me to spot and contest. Woe betide those who are not sharp enough to spot that little trick! Never have I been asked how much I provide for my child. The great irony here is that I make minimum wage, whilst my ex partner who is working makes a fortune and then some because of the all of the benefits she receives. We are civil enough and I have always wondered why she would never settle this between us. It's clearly because the system is flawed, and can easily be exploited. I don't mind paying the £30 a week, because my ex partner has agreed to put the payment directly into a trust fund for my daughter - as the payments are clearly not needed. If the system is going be exploited, I may as well exploit it in favour of my daughter. Now to phone the CSA phone staff to contest the £1745 which is clearly beyond my means. I'm not looking forward to it, it costs money and the staff are abusive...
Dean - 7 January 2012 @ 5:27 PM
having got re-married my wife has never had a penny from her ex husband in the last 15 years, csa caught up with him and a court order made for him top pay £200 a month that was over two years ago and still nothing. csa were helpful it was the baliffs who let her down. we are still waiting
al - 10 October 2011 @ 10:58 AM
i have made regular payments to both the csa and the mother since 2004 when i left the family home due to my partner having an affair. over the course of this time i spent 3 years with no access to my children because of an angry ex wife. i made regular payments to her as agreed in cash up to 2007 even though i was not allowed to see my children, then following an argument in 2007 she called the csa and said she has not received any payment from me at all and would like to make a claim. within 2 weeks of me starting my new job i found myself being paid £120 pw with a court order on my earnings. i called the csa to see what was going on and they explained what had been reported to them. my explanation was clearly not heard and to top it all the csa had back dated my claim to 2004 which put me in arrears of over £11000. after contesting this for a long period and getting nothing but abuse from the csa and lies from my ex wife, i came to the conclusion its not going to go away and may as well pay the money. i made weekly payments of between £80 to £110pw for 4 years through my wages which in me calculations works out at a min of £50 paid to my children and £30-£50 to my arrears more often £50+pw... over 52 weeks over 4 years = £10500 there about's. apparently i still owe £7500 to date! over the years i have contacted the csa over their statements they send and my arrears barely falling but the threats come through thick and fast. i call asking for an explanation but get fobbed off with " the person who is dealing with your case is not available or on holiday please call back" Frustrating is not the word. but on saying that they continue to take money from me and leaving me with serious financial difficulties. then i have the demands of the ex wife asking me when i'm going to see the children. i can't afford to feed and roof myself let alone travel to see the children, but i make every effort to spend as much time as i can to see them. i feel the csa is a tool for disgruntled ex partners to get back at the "non-resident parent" for a mistake they made that in my ex's mind ruined her life, not the fact i left the home but the fact that she is "left with 3 kids and no life" she says! but where is my money! for 3 years i dressed and fed the children because of her negligence, i brought the social services in on 3 separate occasions due to the un well-being of my children and all the time she is rolling around in money from the state (that as a tax payer i paid for too) with scum moving in and moving out regularly... and now i'm the scum who cant afford to buy xmas presents or take them out when i see them, i live in squall-er because the csa wont listen to me and set this strait. that is my opinion of the good the csa do for family's in the uk ROCK ON CSA!!!!
shafted - 21 September 2011 @ 2:59 PM
The Chair of the Commission, Dame Janet Paraskeva,WK677481D Child Maintenance and Enforcement Commission6 June 2011 This is not for financial gain from the CSA just highlighting the concerns of a single mum who cannot take her child to school until the CSA deliver the service they promised I have been in contact with the CSA complaints 01516334152 Sahara. I am also Dyslexic please can you read my letter slowly.1) I did not receive my first letter from the Bolton CSA T5 November 2010 when I first joined, also unsure how my maintance was worked out or when I received it.2) December 2010 fractured my Knee and CSA was late, I personally believed I would receive my maintance on the same day every month. 3) Because of the lateness of the maintance, I could not buy fuel to heat our house and had to use electric heaters. E-On Electric bill £286 for two months.4) Contacted Edinburgh David Cunningham Signor complaints manager he by passed the CSA and put 200.pounds in my NatWest account. Because I did not have a regular maintance payment I was over drawn therefore never received the correct amount. 5) I have had communications with David and now Sahara who has been monitoring the payments.6) All the payments were in my account on the 4 of the month which meant I could budget it all changed again late.7) However I work 3 days in Nottingham delivering a service my mileage could be 50 miles in a day then drive back home pay out on car fuel £270 a month / pay rent £370pounds a month council tax £110 a month. my pay is £866 8) The maintance is not consisted I am borrowing money until it appears in my bank from the CSA which conflicts with the Government’s reform principles 38. ‘The Government believes that the proposals set out in this White Paper will meet its principles for reform of the child maintenance system. C-MEC will have responsibility for ensuring that the detailed development and implementation of these proposals deliver the outcomes that parents and their children deserve’.Helping to tackle child poverty ‘This means, therefore, that the interference of the CSA in a separated parent’s life is fully justified on the basis of one of the restrictions contained within Article 8. This is because the interference caused by the CSA is justified on the basis that it protects the rights of others (the child), as well as arguably protecting the health of the child because of the provision of a financial benefit’. (It could be seen Mr Geraghty as the CSA in Bolton denying the rights to my child by not delivering a service they should provide, to benefit my child financially. As the incontinency of regular maintance payments the CSA is putting my child under the poverty line. ‘A Deduction from Earnings Order (DEO) is a secure method of collection of child maintenance as it is paid directly by the employer of the non-resident parent
Fran - 7 June 2011 @ 6:11 AM
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