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What happens at the Good Cause interview?
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The visiting officer should check that you have been given, and have time to read, leaflet CSA 100 Child Support and Your Rights at the Interview before the interview takes place.
The officer who interviews you will stress the benefits of getting maintenance (see our booklet Maintenance Through the CSA for details) but if you are worried about making an application to the CSA you should still opt out and give your reasons.
At the good cause interview you will be asked about your reasons for opting out. This is an opportunity for you to show why you believe that there is a risk of harm or undue distress to you or a child living with you if you apply to the CSA. The visiting officer will make notes of what you say, and you can read these to agree that they are accurate, or provide a statement of your own.
What kind of questions will I be asked at the Good Cause Interview?
The interviewer will start by asking questions that give a general picture of your family and the NRP. These may include questions about the length of your relationship; whether you have ever lived together; details of any contact and the state of relationships between the NRP and you and your child. You will also be asked about any current arrangements for child maintenance and the NRP's circumstances.
To explore why you think there would be a risk of harm or undue distress, you will probably be asked what your understanding of these terms is and how you think the NRP will react if the CSA become involved. The interviewing officer will make notes detailing these reasons; you can agree these are accurate, or you can make your own statement.
What does 'a risk of harm or undue distress' mean?
Risk: chance of loss or injury; a person, thing or factor likely to cause loss or danger.
Harm: to physically, mentally or morally hurt, injure or damage.
Undue: excessive; going beyond what is appropriate, warranted or natural.
Distress: severe pain, suffering or pressure, especially mental or emotional.
How can I show there is a risk of harm or undue distress?
It is important to give as full an account as possible of why you think there is a risk of harm or undue distress. When preparing for the interview, bear in mind the following points: - You have to show that the risk of harm or undue distress is a direct result of making an application to the CSA. That is, if the CSA become involved, how might this affect you and/or your child?
- Remember, a situation does not have to have already occurred for there to be a risk of it happening and for there to be reasonable grounds for your fear.
- If you are not sure about how to argue that there are 'reasonable grounds' for your fear, start by thinking about what makes you feel uncomfortable about the CSA contacting the other parent. Have you been threatened about this? Does your knowledge of the NRP's behaviour (for example, violence, aggression, intimidation or unpredictable behaviour patterns) lead you to believe that such a threat could be carried out? If there have been incidents or threats in the past that support your argument, make sure the details are included in your statement and provide any evidence you have.
- Harm or undue distress also covers a broad range of circumstances including emotional harm or distress to you or the children in your family. For example, you may feel that CSA involvement may harm existing relationships or arrangements you, or your child, have with the NRP and that there would be a risk of harm or undue distress as a direct result. You will have to give reasons why you think so and provide any evidence available.
Examples of situations where you might opt out of using the CSA - You have reasonable grounds to fear that the CSA's involvement will prompt the NRP to be abusive or violent to either yourself or your child. The NRP does not know where you live and the Jobcentre Plus officer assures you that your details will be treated confidentiality. You may wish to argue that there is still a risk of harm as the NRP may be able to trace your whereabouts from another source.
- You have reason to believe that the NRP will want to start or increase contact with your child if a CSA application is made. Wanting to sever links with the NRP may not, on its own, be accepted as Good Cause for not involving the CSA. You will need to show that this would result in a risk of harm or undue distress to either you or your child rather than just inconvenience or upset.
- The NRP makes payments towards your mortgage and has said he will not be able to continue if he has to make payments to the CSA. As a result you feel your family's home is at risk. This may not in itself be enough to justify good cause. You would need to show what the risk of harm or undue distress would be.
- Distress suffered by the NRP will not be accepted as Good Cause unless you can show it would result in a risk of harm or undue distress to either you or your child, for example, from abusive behaviour or damaged relationships.
Your statement of reasons for why you have good cause - It may help to make a note of all the points you want to make before the interview. You can check them against the statement before signing it.
- Before signing the statement, read it through and add any other information you want to be considered.
- If you are unhappy with any part of the statement, record your concerns in the statement before signing. This may be particularly important if there have been any problems at the interview.
- Ask for a copy of the statement, it may be useful to have this for future reference.
I have not had contact with the NRP for some time - should my reasons still be considered?
Yes, your reasons can be just as valid even when they are to do with events that happened some time ago. But make sure you show how this relates to your current situation and your concerns about the CSA being involved now.
If I cannot provide proof of what I say, should I still be believed?
Yes. The information you give in your statement is evidence in itself and should be believed unless it is self-contradictory (making statements that conflict with each other) or improbable (not likely to be true or difficult to believe). The interviewer will ask if you have any other evidence to support your statement from, for example, the police, a court, your doctor or social worker. Statements from friends and family can also be accepted.
If you have had dealings with, for example, the police or a doctor, but do not have any documents to prove this, give as much detail as possible about who you saw and when. Jobcentre Plus accepts that in many cases this kind of evidence will not be available and the visiting officer should not imply that your reasons will not be considered without it.
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