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Complaining about poor service from the CSA
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Why should I make a complaint to the CSA?
The CSA has standards of service, which should be met. These include behaving towards you with courtesy and dealing with your case promptly and efficiently. These are set out in the Child Support Agency Charter (see Further information from the CSA).
You may want to complain if, for example, you are unhappy with: - the way you have been treated by staff on the phone or at interview;
- how long the CSA has taken to work out your maintenance; or
- late and missed payments of maintenance not being chased up quickly by the CSA; or
- the way in which the CSA has exercised its discretion.
It is important to remember that the CSA only applies the law and does not make it. If your complaint is about Child Support Law, tell your local MP. (See Can I complain to someone independent of the CSA? below.)
You may feel uncertain about whether or not to complain. For example, will this single you out or achieve anything? It is important to remember that you have a right to complain about the service. You cannot be discriminated against for exercising this right.
Your complaint may result in an apology, improvements in the way the CSA deals with other parents and in some cases you may even get compensation.
How do I make a complaint to the CSA?
Ask the CSA for their leaflet on how to complain or download it from their website, it explains what will happen to complaints and when you can expect a reply. (see Further information from the CSA).
It is important to give as much detail as possible about: - what happened;
- when it happened;
- what your actual complaint is; and
- what you would like the CSA to do about it (for example, explain to you why there has been a delay, tell you what action will be taken on the case and when).
It is also important to keep copies of any correspondence and notes of any telephone calls - these will be useful if your complaint is not completely resolved straight away. You can complain to any member of CSA staff, but we recommend you make a complaint by:
Step 1
Writing or phoning the Complaint Resolution Team at your local CSA Centre. Your complaint should be acknowledged within two working days and the CSA aims to respond to most complaints within ten working days (in practise, it may be longer). They may write to you or phone you to get some more information or phone to discuss how and when the complaint will be resolved. If there is a delay in their response, or the reply doesn't resolve your complaint, you may:
Step 2
Write to the Area Director, the person in charge of your local CSA Centre. If the reply doesn't resolve your complaint you may:
Step 3
Write to the Chief Executive of the CSA (see Useful Addresses under Further information from the CSA).
Can I complain to somebody independent of the CSA?
The Independent Case Examiner
You have to go through the above steps first but if you still feel the complaint has not been resolved, or the problem continues, you can contact the Independent Case Examiner (ICE) (see Useful Addresses under Further information from the CSA).
You must contact the ICE within six months of receiving a reply about your complaint from the Chief Executive of the CSA. They will not be able to deal with the complaint if the Ombudsman is already investigating it (see The Ombudsman below). You will need to provide details of replies from the CSA when you make an application to the ICE.
The ICE can investigate your complaint. It may resolve the complaint, produce a report and/or may make recommendations to the CSA including whether they think a 'special payment' should be made (see When could I be entitled to compensation? below).
Your local MP
You may also complain to your MP about the CSA at any time. You can either write to your MP at the House of Commons, London SW1A 0AA or see them in person at one of their local surgeries. Visit www.parliament.uk to find out who your MP is or contact your local library or Citizen's Advice Bureau who will also be able to give you details of local surgeries.
The CSA aims to respond to MP's complaints within 15 days but it may be quicker to ask the CSA to deal with your complaint first and your MP may expect you to do this before they contact them.
The Ombudsman
You may also be able to complain, via your MP, to the Parliamentary Commissioner for Administration (known as the Ombudsman), for example, where there has been poor administration (called maladministration). See Useful Addresses under Further information from the CSA. Even if you have taken a complaint to the ICE you can still complain to the Ombudsman - but you will need to wait until the ICE has reached a decision.
When could I be entitled to compensation?
The CSA's guidelines on paying compensation (called 'special payments') are set out in a leaflet, Financial Redress for Maladministration, which you can get from your local CSA Centre or Jobcentre Plus office. Compensation isn't considered automatically for each complaint so you should always claim it, especially if: - the CSA has failed to meet the standards of service set out in their charter, for example, unreasonable delays in working out or collecting maintenance;
- you have suffered any financial loss, for example, bank, postal or telephone charges); or
- you have suffered any humiliation, embarrassment, severe distress or gross inconvenience.
A Special Payments Team decides whether or not to make payments, so you can either request compensation as part of your complaint or ask them directly.
Wherever possible provide evidence to support your request, for example, bank statements, medical evidence and dates, times and details of incidents. If you are refused compensation, you may be able to complain about this using the procedures explained above.
Advance payments of maintenance owed to you
In some cases, the CSA may be able to make advance payments of maintenance that are owed to you because of the CSA's 'maladministration', rather than you having to wait for the non-resident parent to pay back the maintenance that is owed, bit by bit. These are different to payments of compensation.
It is always worthwhile asking the CSA to do this, but there are certain conditions that have to be met, including that the NRP must be making regular maintenance payments.
You cannot appeal against a decision not to make advance payments but you can make a complaint.
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