Can I sue the Child Support Agency?

[Bubble]

This might be stupid question but can an individual file a court claim against the CSA?

 

Put briefly, I received regular payments from my ex until October 2007. Since then the payments have stopped although the CSA have confirmed that they have received payments from my ex in November and December. On numerous occasions they have assured me that they will process the payments but I have received nothing from them.

 

What is making me really cross is that the CSA can offer no explanation as to why they have not sent the money and they have ignored my letters and emails. Several times I have been told that I will receive a telephone call back within 5 days but nobody has called me. Ggrrhh!!!!

 

Any advice would be much appreciated.

[ErikaPNP]

Course you can. Any private individual can raise an action for civil proceedings. But there may be another way around this without considering court.

 

I have had no end of problems with the CSA too although nowadays they seem to have sorted it out. Right. The emails you sent, have you had any reply other than the automated reply, as in a reply featuring a name of a CSA worker at the bottom of the email? Have you emailed your CSA office, or just the CSA in general? The reason I ask is that when I gave them short shrift for failing to reply to my emails, I got fed rubbish that the CSA website was encountering problems and emails weren't received. They soon changed their tune when I stated that I had emails from officers within the CSA and would print them off and fax them as proof that my emails had indeed been received and replied to. (The reply being they'd contact me ni either 5 or 10 working days, as well as the automated response stating that)

 

If you have proof of this, send an email complaint to their complaints resolution team (on the CSA website) complaining not only about your original problem but timescales of replies not being honoured. If you do not receive a response within the timescale from the complaints resolution team or receive a satisfactory response, you can then complain to the Independant Case Examiner (a body which investigates complaints of among other things, the CSA). To go to ICE you need to have exhausted the CSA complaints procedure - ie complain to the CSA, complain to the complaints resolutions team and then it's ICE. You can claim for maladministration. If found in your favour, you should get the payments due plus you may get a "consolitary" payment for their maladministration.

 

Also worthwhile is talking to your MP and asking him/her to assist you. Also, NEVER deal with the CSA over the phone. This is their preferred method of contact but you have the absolute right to have everything dealt with in writing. If they tell you something over the phone and you try to follow it up, there is no recourse if they choose to state that what you claim they said never was.

[Bubble]

Thank you so much for your reply.

 

I hadn't heard of the ICE - so that is really useful.

 

Many thanks

 

Abbey

[ErikaPNP]

No problem - hope you get it rectified. Type Independant Case Examiner into google - they should come up with the website which will give you a wealth of information.

[Having_A_Knightmare]

Any Progress on this as I am going to the ICE this week

[fork-it]

This might be stupid question but can an individual file a court claim against the CSA?.

 

No, you cant sue the state. Any complaint or request for payment of money owed should be addressed to the chief executive, and if you dont get a positive response, contact the Parliamentary Ombudsman.

[ErikaPNP]

No, you cant sue the state. Any complaint or request for payment of money owed should be addressed to the chief executive, and if you dont get a positive response, contact the Parliamentary Ombudsman.

 

Of course a person can sue the state, and many have done so successfully, others unsuccessfully.

 

You only need to look through records to see jugements of cases where an individual has raised an action against the Secretary of State for Work and Pensions.

[Having_A_Knightmare]

I got over A grand from the ICE

[lashai013]

You seem to know a lot re: CSA.

 

 

Could I sue: See below?

 

 

I really need advice.

Can I sue the CSA in court and get compensation for this.

 

1. I was happily paying child support for my child with no issues until I met somebody, at which point the CSA was contacted by the mother out of spite. My case started in 2006 and continues to present day.
   
2. They didn’t do my assessment correctly in 2009 creating arrears and the ICE got involved, I then received compensation but was still made to pay these arrears.
   
3. They then contacted my work places by ‘mistake (3 times and different work places)’ causing me unnecessary stress and embarrassment. They then apologised but my health had already started to be affected.
   
4. I then noticed (2013) that my arrears was extremely high and I again asked the ICE to get involved as I was getting nowhere with the CSA complaints procedure.
   
5. Again they found maladministration and I got another apology and compensation, but to prove this I had to get bank statements ordered, write numerous letters and numerous costly phone calls. (more stress)
   
6. Again my health was affected in a negative way and I will explain later.
   
7. I was then informed that the arrears was 467.84 and in May 2014 myself and the CSA worked out a plan to clear these arrears by August 2014, to which I accepted as I thought that would be the end of it. I requested the transcript from the CSA to prove what was said and agreed.
   
8. I also have a written document stating how much arrears I have left from ICE which supports and confirms what the CSA said.
   
9. I then received a letter (Aug 8) with a new payment schedule which showed the arrears not being cleared and excessive amounts of money to be paid with no explanation.
   
10. I then called the CSA on 09.08.14 and found the person to be very rude and unprofessional, they were more interested in the timing of the call as it was near the end of their shift, he was quite abrupt and actually hung up the phone at exactly 5pm, despite the fact I was clearly distressed.
    
11. I spoke then called again on 11.08.14 for an explanation, to which they informed me that the ICE and themselves made a mistake and my arrears will not be cleared this month. They then apologised and explained that I have to pay these large amounts which I can’t afford.
    
12. Health: Since the CSA got involved I have been stressed and had large amounts of anxiety. I saw my work counsellor and doctor about these issues. I also developed a tumour (which had to be removed) and I was informed it was stress related. I am getting sick again and saw the doctor and he also informed me that the swelling I am getting is stressed related. The only stress that can be causing this is the CSA and their incompetence as they have clearly embarrassed me and threatened to take large amounts of money from myself which I cannot afford. How am I expected to live and provide for my other child when I don’t know how much is going to be taken from me from month to month? How can I possibly give my students 100% attention and support when I am worrying about whether the CSA is going to contact my work place?
    
13. Therefore can I now take this case out of the CSA and into the civil courts so that this incompetence can be dealt with once and for all before it causes any more damage to my health?
    

[essexmat]

Anyone saying you cannot sue/take action against the state is not au fait with law. Of course you can make a claim against and take action against the state

[lashai013]

Ok thanks, but do you think I have a case?