I keep calling the CSA and have provided them with details of my ex-partner and they still haven’t calculated how much he should pay. What should I do?
Complaining to the Child Support Agency about their poor service
The Child Support Agency has standards of service, which should be met. These include behaving towards you with courtesy and dealing with your case promptly and efficiently. These are set out in the Child Support Agency Charter which can be found on the Child Support Agency website: www.csa.gov.uk
You may want to complain if, for example, you are unhappy with:
- the way you have been treated by staff on the phone or at interview;
- how long the Child Support Agency has taken to work out your maintenance; or
- late and missed payments of maintenance not being chased up quickly by the Child Support Agency; or
- the way in which the Child Support Agency has exercised its discretion.
It is important to remember that the Child Support Agency only applies the law and does not make it. If your complaint is about child support law, tell your local MP. See 'Can I complain to somebody independent of the CSA?' below.
How do I make a complaint to the Child Support Agency?
Ask the Child Support Agency for their leaflet on how to complain or download it from the Child Support Agency website, www.csa.gov.uk. It explains what will happen to complaints and when you can expect a reply.
It is important to give as much detail as possible about what happened:
- when it happened;
- what your actual complaint is; and
- what you would like the Child Support Agency to do about it (for example, explain to you why there has been a delay, tell you what action will be taken on the case and when).
It is also important to keep copies of any correspondence and notes of any telephone calls – these will be useful if your complaint is not completely resolved straight away.
You can complain to any member of Child Support Agency staff, but we recommend you make a complaint by:
Step 1: Writing or phoning the Complaint Resolution Team at your local Child Support Agency Centre
Your complaint should be acknowledged within two working days and the Child Support Agency aims to respond to most complaints within 15 working days (in practise, it may be longer). They may write to you or phone you to get some more information or phone to discuss how and when the complaint will be resolved. If there is a delay in their response, or the reply doesn't resolve your complaint you, may then:
Step 2: Write to the Area Director, the person in charge of your local Child Support Agency Centre
If the reply doesn't resolve your complaint you may then:
Step 3: Write to the Chief Executive of the Child Support Agency at:
Child Support Agency
Longbenton DWP
Benton Park View
Benton Park Road
Newcastle upon Tyne NE98 1YX
Tel: 0191 225 7743
Can I complain about poor service from the Child Support Agency to somebody independent?
The Independent Case Examiner
You have to go through the above steps first but if you still feel the complaint has not been resolved, or the problem continues, you can contact the Independent Case Examiner (ICE) at:
Independent Case Examiner for the Child Support Agency
PO Box 155
Chester CH99 9SA
Tel: 0151 801 8800
Textphone: 0151 801 8888
Website: www.ind-case-exam.org.uk
You must contact the ICE within six months of receiving a reply about your complaint from the Chief Executive of the Child Support Agency. They will not be able to deal with the complaint if the Ombudsman is already investigating it (see The Ombudsman below). You will need to provide details of replies from the Child Support Agency when you make an application to the ICE.
The ICE can investigate your complaint. It may resolve the complaint, produce a report and/ or may make recommendations to the Child Support Agency including whether they think a ‘special payment’ should be made.
Your local MP
You may also complain to your MP about the Child Support Agency at any time. You can either write to your MP at the House of Commons, London SW1A 0AA or see them in person at one of their local surgeries. Visit www.parliament.uk to find out who your MP is or contact your local library or Citizen's Advice Bureau who will also be able to give you details of local surgeries.
The Child Support Agency aims to respond to MPs’ complaints within 15 days but it may be quicker to ask the Child Support Agency to deal with your complaint first and your MP may expect you to do this before he or she contacts them.
The Ombudsman
You may also be able to complain, via your MP, to the Parliamentary Commissioner for Administration (known as the Ombudsman), for example, where there has been poor administration (called maladministration). You can contact the Ombudsman at:
Office for the Parliamentary Commissioner for Administration
Millbank Tower
Millbank
London SW1P 4QP
Even if you have taken a complaint to the ICE you can still complain to the Ombudsman but you will need to wait until the ICE has reached a decision.
When could I be entitled to compensation from the Child Support Agency?
The Child Support Agency's guidelines on paying compensation (called ‘special payments’) are set out in a leaflet, Financial Redress for Maladministration, which you can get from your local Child Support Agency Centre or Jobcentre Plus office. Compensation isn't considered automatically for each complaint so you should always claim it, especially if:
- the Child Support Agency has failed to meet the standards of service set out in its charter - for example, caused unreasonable delays in working out or collecting maintenance;
- you have suffered any financial loss, for example, bank, postal or telephone charges; or
- you have suffered any humiliation, embarrassment, severe distress or gross inconvenience.
A Special Payments Team decides whether or not to make payments, so you can either request compensation as part of your complaint or ask them directly. Wherever possible, provide evidence to support your request, for example, bank statements, medical evidence, dates, times and details of incidents. If you are refused compensation, you may be able to complain about this using the procedures explained above.
Advance payments of maintenance owed to you
In some cases, the Child Support Agency may be able to make advance payments of maintenance that are owed to you because of the Child Support Agency’s ‘maladministration’, rather than you having to wait for the non-resident parent to pay back the maintenance that is owed, bit by bit. These are different to payments of compensation.
It is always worthwhile asking the Child Support Agency to do this, but there are certain conditions that have to be met, including that the non-resident parent must be making regular maintenance payments.
You cannot appeal against a decision not to make advance payments but you can make a complaint.
Further information
Further information on child support maintenance is available at www.csa.gov.uk
Citizens Advice provides further information at www.adviceguide.org.uk