Child Support

Compensation for Child Support Agency delays or errors

If you believe that your children or you have lost out due to agency delay, error or standard of service, you should in the first instance make a complaint to the caseworker dealing with your case or to the manager of that person.

You can make the complaint in writing or verbally but it is important that you keep a record of all action, staff involved etc. in case the complaint needs to be escalated.

You could also ask for compensation.  The CSA can pay an ex-gratia payment if you have suffered significant delay or financial loss (phone calls etc.) or severe stress and inconvenience.  It is called a consolatory payment and is in the region of £150.  There is no entitlement to it and non-payment cannot be appealed but if you ask for compensation at the time you make your complaint and if you also suggest that this might go some way to sorting out your complaint then it might influence their decision whether or not to award it. 

There is also compensation for financial loss where agency errors, delays or maladministration has caused you to lose money. An example might be where the CSA have taken excessive time to make an assessment (if the delay was not due to you or your ex partner) and there is a gap between when you applied for maintenance and the effective date (start date) of the assessment.  Since 1 April 1996, the CSA will pay compensation if the delay is more than one month, unless the CSA needed to make further enquiries before issuing a child maintenance enquiry form, in which case the delay period will be more than two months. 

If the first stage has not resolved your complaint the CSA Client Charter Leaflet gives an outline of the complaint procedure and useful information about the Standard of Service the CSA should be working towards and what to do next. Visit www.csa.gov.uk for information. 

There is also compensation payable if maintenance has been collected from the non-resident parent (NRP) by the CSA but they fail to pass it on to you within 28 days.  This applies to all payments received since 1 April 1995. The compensation is an interest payment on the amount the CSA has delayed passing on, subject to a minimum interest payment of £5.  The CSA should automatically write to you if this affects you. 

Finally, if you have arrears caused by CSA delay (not by your ex-partner or you) and the non resident parent has been making payments on a regular basis (regular is not defined but need not be over a very long period) you can ask the CSA to consider making an advance payment to you.  This is not something which is offered as a matter of course – it is at the request of the parent with care.  There are criteria to be met but it certainly is worth asking if you can have an advance payment made.

Written by Jean Smith, Executive Officer, Scoop Aid Ltd.

If you have need of any specific help or advice around these issues you can e-mail us, look for 1-2-1 Advice, or contact your local Citizens Advice Bureau, advice centre or www.csa.gov.uk