CSA Tribunal Guidelines

Northern_Dad

Can anyone please tell me where I can find details of the Legal Guidelines under which the Tribunals are supposed to operate?

I had one one 2 years ago, which I was unable to attend. But as I had done nothing wrong, and supplied all the evidence requested, I figured they wouldn't change the CSA's proper Assessment.

However, they just made stuff up, invented figures without any evidence, and estimated my income MUCH higher - it was like a Kangaroo Court ! Despite all the Solicitors I saw saying the issues I raised when asking the Tribunal Service for an Appeal WERE on Points of Law, the Tribunal said they WEREN'T !! SO they refused me leave to Appeal.

This absurdly inflated estimation of my income therefore created a lot of Arrears, as a Tribunal always takes about a year to happen and they post-date it to the original new assessment. I am currently waiting to see if I am granted a Judicial Revue to get that Tribunal Decision overturned.

HOWEVER, the reason for asking about their Guidelines/Powers is that I am facing ANOTHER Tribunal Hearing about a later assessment in a few weeks . . I want to make sure I have everything clear so they can't do the same as they did last time!

Also . . are their powers any different now it is called the First Tier Tribunal?

Hope somebody can help, as I'm doing all this legal stuff myself, as I currently am on a very low income.

bdt1

Not sure where you would find guidelines, but we too are regulars at Tribunal (slight exaggeration - 2 in last 5 yrs) we won both cases! We were innocent that was why! But the stress and preparation needed is horrendous to say the least.

Our PWC stated many things in the latest, and the Tribunal have stated on several of the matters she raised, that it is 'outside of their jurisdiction' yet I cannot help as to where you could source such specific information. Suppose it's a long shot, but maybe NACSA, or even a well-informed Clerk to Tribunal may be able to point you in right direction.

It's a shame you couldn't attend the last Tribunal, you obviously had good reason, but only way we wouldn't attend was if one of us had expired or at least unconscious - even then we may still make it with slight assistance! Sorry just the stress gets you so you have to laugh, we've already cried too much!

I would say just always be there at the hearing and ensure you are so well equipped that there are no surprises, and have all evidence to hand if required to support your case. It's hard work but will pay off in the end.

I know that a 2nd Tier can only be gained on a point of law, but regarding the 1st decision if you still disagree with Tribunal decision and you been through CSA Complaints, you can ask for CEO CSA (or his Representative) to meet with you and your MP, at your home or MP Office. I would approach MP and 'put the feelers out' as some are a lot helpful than others.

If not I believe there are 2 solicitors in particular who deal with CSA JR, but this is very expensive indeed.

Northern_Dad

Thanks Bdt1

With hindsight I would have asked for a re-schedule, but I never imagined they would or could just make things up without any evidence . . but they DID !

I tried complaining to the CSA, but they just say they have to implement what the Tribunal say.

I DID obtain Legal Aid for a Judicial Review, and a Barrister thought I had a very strong case. However, once Legal Aid realised it would probably cost about 5 times as much as the Arrears I was trying to get overturned, they canceled my funding !

I then tried complaining to my MP who forwarded it to the Parliamentary Ombudsman . . after wasting 6 months with them they eventually said that they only have jurisdiction on PROCEDURAL issues . . . and because the Tribunal followed the correct Procedure they couldn't help with whether they SHOULD have allowed an Appeal.

That's when I launched my own Judicial Appeal application (LOTS of work!) . . at least I have had the Court fees waived due to my current low income!

I think even NACSA charge for advice, which is why I'm trying to find information myself . . . if only to tell the Tribunal they CAN'T do what they are saying at the next hearing ! (they certainly did that at the first)

Certainly with my Submission I have left nothing to chance this time, so they can't make ANY false assumptions.

I have calculated my net personal income for the period they requested, and also shown my net personal outgoings, all carefully laid out in Tables, so they CAN'T say my Lifestyle Expenditure exceeds my income (which is what they claimed last time . . I just didn't have any of the additional expenditure they made up!)

PlayingHardball

Northern Dad, will your bank statements support your tables and net calculations of personal income? They will ask for evidence to support your information.

I wouldn't discount NACSA, they do a one month subscription for £20 which gives you access to their expertise.

bdt1

Northern Dad, you will need more than bank statements as proof with regard to lifestyle/income for the Tribunal! Been there done that!!

They will ask you for evidence of everything - council tax, water rates, rent/mortgage, car hp payments etc etc, they even asked us about the cost of family days out and hobbies that our children pursued - you need to prove everything or you could end up in the same scenario again. I fear if you simply calaculate income/outgoings and put it into Excel, this is not actual proof, you will need hard evidence and Playhardball is right your bank statements are probably best bet

Northern_Dad

No, I've sent the Tribunal my Bank Statements, Credit Card Statements, plus statements for Mortgage, council Tax . . everything else can be seen as Direct Debit payments from my statements.

All the figures in the Table are calculated from the figures in those statements, for the period they are looking at. So basically I have done their work for them this time, and all they have to do is check the figures.

It is additionally complicated as I am Self-Employed, but having seen the false assumptions they made last time I have left nothing to chance!

However, I would STILL love to find some Written Guidelines for what the Tribunal can and can't do ! One major issue is what period they look at - it's not a problem with this pending one, but at the LAST one (which as I say was disastrous) they looked at a completely different period to what the CSA used for THEIR Assessment.

As my Ex was appealling THAT Assessment, surely the Tribunal should have looked at the SAME period the CSA used for that Assessment, not a much later one? (this was one of the many Points of Law that I argued in my Appeal, which I was not allowed to have)

It's these kind of facts that I'd love to find Guidelines for . . . so hope someone on here can point me in the right direction. (I HAVE written to both the Tribunal and the CSA asking them to send them, but heard nothing yet . . but I'm not holding my breath!)

Northern_Dad

Still looking for information . . . hope SOMEBODY can help

SURELY it must be written down exactly what the Tribunal CAN and CAN'T do . . or are they really just a Kangaroo Court?!

One of the MANY issues is just what period they look at when deciding whether a CSA Assessment was correct (ie whether there are lifestyle outgoings to show there must have been additional income) - SURELY they should look at the same period the CSA used for THEIR Assessment?

kelloggs36

It depends - my case was that my ex was declaring a net income of 9k per annum, whilst securing a huge mortgage based on his sole income. Whilst the tribunal could have considered only the same tax year (and tax returns) that the CSA used, they went back further, as the mortgage company had requested a longer period of time. It was a little more complicated than that (it was a very long time ago now), but it will depend on how relevant the information is.

bdt1

Have you at any point involved your MP or ICE?

Just trying to think of avenues which still may be available to overturn this?

Sidekick_2

Northern_Dad wrote: »

Still looking for information . . . hope SOMEBODY can help

SURELY it must be written down exactly what the Tribunal CAN and CAN'T do . . or are they really just a Kangaroo Court?!

One of the MANY issues is just what period they look at when deciding whether a CSA Assessment was correct (ie whether there are lifestyle outgoings to show there must have been additional income) - SURELY they should look at the same period the CSA used for THEIR Assessment?

Hi Northern Dad

Your case sounds similar to mine, I have applied for Jurdical Review and even took my case to the High Court of Appeal and still got refused Leave to appeal !



Did you ask the Tribunal for statement of reasons etc?
Did you appealed to the Commissioner ?
Did you ask the Tribunal to recaluate ?
Are you in time to appeal ?

This might help
http://tribunals.gsi.gov.uk

If your need any advice please PM me.;)