13. Appeals

13.1. How can I get a Secretary of State decision corrected? (1999-07-28)

It may be possible to persuade the CSA person who took the decision, acting on behalf of the Secretary of State, that they are wrong.

It may be possible to take action in court. This may be a judicial review.

No formal mechanism has been identified.

The CSA have set themselves no targets for correcting errors. The government believes the CSA has made so many errors that it would be impractical to correct them.

13.2. How can I get the CSA to correct my assessment? (1999-07-28)

See "Reviews - Second Tier (Section 18)"

In law you can simply point out the errors and leave them to put it right. If the CSA has made a mistake they can rectify it under Regulation 54 of the Child Support (Maintenance Assessment Procedure) 1992.

To the best of our knowledge they have never done this. Experience suggests this is a waste of time and you'd be better off starting a section 18 review straight away. This may be because the CSA have not set themselves any targets for correcting errors.

The agency routinely use this regulation to correct assessments after appeal.

13.3. How can I get the CSA to cancel a decision in the interests of justice? (1999-07-28)

If a decision should be set aside in the interests of justice you can ask the agency to do so under Regulation 55 of the Child Support (Maintenance Assessment Procedure) 1992. Application should be in writing to the Secretary of State.

The agency has been known to use this regulation.

13.4. What can I do if I am not satisfied with the outcome of my appeal to the CSA? (1999-07-28)

Independent Tribunals can make the CSA change its decisions. They make sure that assessments etc. are legitimate. They are not concerned with what is fair except where the law is imprecise. Make sure that you have all your information with you and that it is correct.

13.5. What can I do if I am not satisfied with the outcome of my appeal to the ITS? (1999-07-28)

Appeal to the Commissioners. Make sure your MP knows about the problem.

The ITS complaints procedure is to write first to the Regional Chairman and then to the President.

13.6. What can the Secretary of State do to overturn an appeal to the ITS? (1999-07-28)

As from December 1998, the Secretary of State (as opposed to a Child Support Officer) can review an ITS decision. If he reviews a decision your appeal will lapse unless the decision is less favourable to the party who actually lodged the appeal. So you could make your section 18 review and appeal only to find the Secretary of State reviews again and you end up back at square one in the appeal process.

13.7. What can I do if I am not satisfied with the outcome of my appeal to the Commissioners? (1999-07-28)

Not sure. Going to the Court of Appeal may be one option.

13.8. How is the CSA represented at a Child Support Commissioner's hearing? (1999-07-28)

Sometimes the CSA instruct counsel, otherwise they send a departmental solicitor along. CSA instructed counsel actually don't tend to be that good but there are some exceptions.

14. Enforcement

14.1. How long does it take to set up a DEO? (2001-10-31)

It has been done in less than 24 hours.

The law requires the CSA to issue a warning but they frequently do not.

14.2. What notification does the CSA give of varying a DEO? (2001-10-31)

Neither notification nor explanation are always given.

The CSA should give the NRP a copy of the DEO. There are no specific time limits for this so it must be done in a "reasonable" time.

Increasingly the CSA is failing to send NRPs a copy of the DEO as required by law. You should make a formal complaint if this happens to you.

14.3. Can a company refuse to implement a DEO? (2001-10-31)

NACSA think so.

In practice the powers of the CSA to enter premises etc. to find are a disruption threat that few companies will resist. Many larger companies have a policy of co-operation, believing that the process is legal and ethical.

Some supportive employers may refuse.

14.4. What powers does the CSA have to enter premises etc.? (2001-10-31)

From the "Powers of Inspectors", section 15 of the Child Support Act 1991:

(4) An inspector shall have power--
(a) to enter at all reasonable times--
(i) any specified premises, other than premises used solely as a dwelling-house; and
(ii) any premises which are not specified but which are used by any specified person for the purpose of carrying on any trade, profession, vocation or business; and
(b) to make such examination and enquiry there as he considers appropriate.
(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.
(6) If required to do so by an inspector exercising his powers, any person who is or has been-
(a) an occupier of the premises in question;
(b) an employer or an employee working at or from those premises;
(c) carrying on at or from those premises any trade, profession, vocation or business;
(d) an employee or agent of any person mentioned in paragraphs (a) to (c), shall furnish to the inspector all such information and documents as the inspector may reasonably require.
(7) No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself' or, in the case of a person who is married, his or her spouse.
(9) If any person--
(a) intentionally delays or obstructs any inspector exercising his powers; or
(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The intention of this legislation is a site visit but in practice it means the CSA demand and get all they want by phone and letter.

Now there's a way to find out what your colleagues are earning!! "Payroll please. Hello. Payroll? CSA here. Could you give me XYZ's gross pay for the last 3 weeks? Thank you VERY much. Always a pleasure getting confidential information from you".

14.5. What can I do if a DEO is wrong? (1999-07-28)

You can't use the ITS as the decision is made by the CSA on behalf of the Secretary of State. So you have to use the magistrates' court or, in Scotland, the Sheriff.

The legal situation is that you can only dispute the order if you can prove that it is wrong in law or that it does not relate to earnings. The assessment it relates to cannot be questioned by the courts.

14.6. What can I do if the DEO leaves me in poverty? (1999-07-28)

DEOs are sometimes taken which leave the household income below Family Support levels.

If this is occurring in your case you should write to the CSA giving details of all of your incomes and all of your outgoings, including the many things the CSA don't usually take into account. This has proved very successful in reducing many DEOs by reducing the amount deducted towards arrears. Obviously, pointing out that the DEO places you below benefit levels adds to the strength of your case.

If this is happening to you, you should refuse to accept no for an answer, taking it to your MP.

14.7. What if my earnings drop after the DEO is set up? (1999-07-28)

"Where the deduction of the normal deduction rate would reduce the liable person's net earnings below the protected earnings rate the employer shall deduct only such amount as will leave the liable person with net earnings equal to the protected earnings rate" [Child Support (Collection and Enforcement) Regulations, 1992 Regulation 12(2)]

The CSA sends a notification form to AP and employer, detailing both the deduction to be made and the "protected earnings rate".

The "net income" is not the same as the net income used when calculating the maintenance assessment. It is gross pay less tax, NI and superannuation contributions (in full, not just half of them) [Child Support (Collection and Enforcement) Regulations, 1992 Regulation 8(5)] If the net earnings fall below the protected income level then the shortfall has to be added to the next pay-day calculation so you don't lose out in the long run.

14.8. What can I do if the NRP has paid and the agency won't hand it over? (2001-10-31)

Put pressure on them by asking your MP to intervene and starting a formal complaint.

14.9. What can I do if the AP is understating their income? (1999-07-28)

You need evidence of the fraud. This can be very hard to gather. There are three ways to get it:

* Do it yourself. This is cheap but may be impractical.
* Get a government agency to do it for you. If the AP is understating their income they are probably also defrauding the government. If the AP is self-employed, the Contributions Agency fraud line may be useful. The local Inland Revenue office may be useful. These are free, but may not be excellent service. If the service is poor then exert pressure via your MP, the relevant Minister or (possibly) the Parliamentary Ombudsman.
* Hire a reputable private detective. Expensive but may get the best results.