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First Report Session 1998-99
Volume 3 - 1st Report - Session 1998-99
DEPARTMENT OF SOCIAL SECURITY
Difficulties in securing child support maintenance
Matter considered:
Delay by the Child Support Agency (CSA) in assessing and securing maintenance.
Summary of case
Mrs J's complaint was first investigated by CSA's Independent Case Examiner whose report in October 1997 revealed failings by CSA in their handling of Mrs J's case, including a significant delay in initiating enforcement action against the absent parent. The Independent Case Examiner reported that CSA had agreed to pursue the child support maintenance owed to Mrs J by the absent parent by applying to a magistrates' court for a liability order. However, in November 1997 CSA suspended their action to obtain a liability order, and instead attempted to recover child support maintenance from the absent parent by means of a deduction from earnings order. That action was misconceived as the absent parent was a self-employed sub-contractor and not therefore an appropriate subject for a deduction from earnings order. By the time CSA realised their error the absent parent had moved house. CSA were unable to trace him subsequently, and so could not complete action to obtain a liability order against him.
Findings
CSA handled Mrs J's case poorly, and continued to do so even after the Independent Case Examiner had completed her investigation. They took far too long to initiate enforcement action and, having correctly initiated action to obtain a liability order, they then sought inappositely to impose a deduction from earnings order. As a result CSA failed to obtain any child support maintenance for Mrs J.
Remedy
The Chief Executive apologised for the poor service Mrs J had received. CSA awarded her ex gratia payments totalling £5,586.52, and undertook to revise their internal guidance on the applicability of deduction from earnings orders in the case of sub-contractors.
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