Anybody ever taken legal action against CSA for maladministration?

Rustic100

I am concerned I may get 5 years of arrears circa £17k, that may turn out to have built up due to mistakes by CSA. Background is on a seperate thread "arrears complication in closing my case"

I would try and reach an agreement with them, however, my finances are not great having fought for firstly for access and now being the PWC but still being treated as NRP by CSA!

Has anyone used the law, UK or European to hold the CSA to task when they have been inefficient, incompetant or thier actions have led to suffering or financial hardship?

Taking legal action against the CSA would be more than a challenge! but the starting point is to find out if anyone has tried, with what laws, on what basis and how far they got.

What is the legal basis they work on and does it give them special protection?

Rorkes_Drift

The CSA have imminuty from criminal liability because its a government agency. Also you cannot sue the CSA because you cannot sue the State. You cannot use EU legislation because the Uk has opted out of ECHR on the social charter.

If you are aggrieved by CSA errors and they owe you money, then the following route appears to be the most robust to getting a positive outcome.

1. Collate documentation proving your grounds the CSA is in error and make a note of any legislation you think may apply.

2. Approach NACSA with your findings for comment.

3. Launch any CSA complaints procedure (if available), Note there is no lime limit for appealing against a clerical error. Time limits only apply to decisions and in some cases it can be disregarded.

4. If no positive outcome, contact your MP and hand them the case and ask they intervene.

5. You can ask ICE to look your case, ICE is the Independent Case Examiner but the CSA is not bound to comply with its recommendations.

PreludeForTimeFeelers

Rorkes_Drift wrote: »

The CSA have imminuty from criminal liability because its a government agency. Also you cannot sue the CSA because you cannot sue the State. You cannot use EU legislation because the Uk has opted out of ECHR on the social charter.

If you are aggrieved by CSA errors and they owe you money, then the following route appears to be the most robust to getting a positive outcome.

1. Collate documentation proving your grounds the CSA is in error and make a note of any legislation you think may apply.

2. Approach NACSA with your findings for comment.

3. Launch any CSA complaints procedure (if available), Note there is no lime limit for appealing against a clerical error. Time limits only apply to decisions and in some cases it can be disregarded.

4. If no positive outcome, contact your MP and hand them the case and ask they intervene.

5. You can ask ICE to look your case, ICE is the Independent Case Examiner but the CSA is not bound to comply with its recommendations.

I think in this case it isn't that the CSA may owe OP money, he/she is concerned that they may reassess him and he may have underpaid approx £17k of child maintenance.

kelloggs36

They will only offer a small amount of compensation - nowhere near as much as you could potentially owe. Don't fret until you know IF you actually have an underpayment yet.

Rustic100

PFTF is correct in that my main concern is getting £17k arrears! and this potentially recking the finances I have gradually got back on an even keel. I spent thousands on credit cards to finance my access battle in 2004/2005 which I have not yet paid off. The irony is that when my daughter chose to live with me when she was a bit older, makes all the credit card bills worth it.

A week ago I was only concerned with closing the case so that I was not paying the parent who my daughter moved from last Aug.

Kelloggs36, you are right I am fretting! its the stress is not knowing!

PreludeForTimeFeelers

Rustic100 wrote: »

Kelloggs36, you are right I am fretting! its the stress is not knowing!

Have you spoken to them again lately?

Might be worth ringing them to see if there is an update - ask them to call you back once you've been through security if you're concerned about racking up the phone bill.

Rustic100

No PFTF... After last week when I was a bit stunned I decided I would not answer if they ring me in the hope they will write. Im old fashioned in liking written communication. I also sent of a request for my file under data protection, see if that reveals anything interesting

PreludeForTimeFeelers

I guess that's fair enough, but personally I'd rather set my mind at ease by talking to them.

By getting your file from data protection it will show all contact with yourself etc, but won't show if your ex requested a reassessment at any point necessarily.

CSA_Help

I have found that speaking to the complaints team they openly share info with you. Csa legislation is hard to get to grips with but there are still plenty of mistakes on my account.
I don't believe the assessments would be any different though if they recalculated them

Rustic100

"I have found that speaking to the complaints team they openly share info with you."

CSA Help - I take your comment on board - but what spooked me last Tuesday was that the guy was not being open with me, I have now been a parent with care for 6 months and the csa should be helping me, but the reality was that they were avoiding answering any direct questions about why nothing had happened in six months and began the "we are actually investigating you! line, and would NOT elaborate" I am so suspicious of CSA when their phone message says we may record you, I turn on my I phone recorder.

By a complete twist of fate, my best friend from youth club, is close to some of the most senior people in government. I broached my issues with him last saturday in the pub!, even if I knew such people can't get involved in individual cases, it feels like CSA even when they make mistakes, are untouchables.

[Deleted User]

I instructed a Solicitor (Family Law) because for 2 Years they took money off my ex partner and paid it all to his ex wife. Basically what happened, they had split and he paid her on old rules then when we split they told us it had to be done through them else they couldn't take into account what he was paying me, but I was on new rules and the 2 Computers didn't talk to each other??? I had gone right through the complaints procedure first in the end after my solicitor wrote the offered me the 2 Years money I was owed (£2800) plus £150 compensation. I took it because like you I was in dire straights and it was only about getting the money I was rightfully entitled to and that my ex was dutifully paying.