Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - May - September 1998 > C.1528/97
First Report Session 1998-99
Volume 3 - 1st Report - Session 1998-99
DEPARTMENT OF SOCIAL SECURITY
Delay in making and enforcing a maintenance assessment and in deciding a claim for compensation
Matters considered:
Mrs Y complained about delay by the Child Support Agency (CSA) in making a maintenance assessment (MA) and then in enforcing it. She also complained of delay in deciding her claim for compensation.
Summary of case
On 31 August 1993 Mrs Y applied to CSA for child support maintenance (CSM) as a private client. On 2 March 1994 CSA sent a maintenance enquiry form (MEF) to the non resident parent (Mr X). On 17 March Mr X returned the MEF but omitted details of his housing costs and business accounts. Despite prompting by CSA Mr X failed to provide that information and on 30 December CSA imposed an interim MA on Mr X. On 26 May 1995 Mrs Y asked CSA to enforce collection of CSM from Mr X on her behalf. On 22 June CSA told Mr X that enforcement action against him was being considered. On 3 January 1996, after Mr X had finally provided more information, CSA made a full MA. Mr X failed to make payments to CSA of the required amount and on 29 July CSA told Mr X that they intended to apply to the court for a liability order against him. On 30 August Mrs Y asked CSA for compensation for delay in enforcing the collection of CSM from Mr X, and for the distress that she said that she had been caused. On 13 September CSA suspended enforcement action, even though Mr X had stopped paying CSM, whilst awaiting the outcome of Mrs Y's appeal against the MA and reviews of the MA. On 30 January 1998 CSA sent Mrs Y a payment of £25 for costs incurred in pursuing her case with CSA. That same day CSA again warned Mr X of liability order action. On 3 April 1998 CSA obtained a liability order against Mr X for £6,670.48.
Findings
As a result of maladministration by CSA Mrs Y lost entitlement to CSM over a significant period, received an inadequate collection service, and had to devote much time, effort and expenditure in taking up her case with CSA.
Remedy
The Chief Executive apologised for CSA's error. CSA agreed to make ex gratia payments to Mrs Y, totalling £8,324.07, for arrears of CSM accrued up to 6 March 1998, for costs incurred by Mrs Y in pursuit of her case, and for the distress that she had suffered as a result of maladministration.
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