Directions Notice

Joe1975000

Hi All,
I would like some advice please, i am a nrp, this is not by choice, the parent with care does not allow me to see my child, and at the moment i am not in a financial position to fight through the courts to get access.
I am self employed and have been for many years, i have been given a directions notice from the tribunal service, to supply all personal bank statements, mortgage statements, credit card statements, going back 6 years, my question is what information as a self employed person do i legally have and do not have to supply, as some things are personal.
I have never failed to pay through the csa for my child and never would, all i want is a fair outcome for both sides, and hopefully a good relationship with my child.
I am new to this site so please be gentle with me.
Joe.

HoneyNutLoop

You don't have to supply what the Tribunal ask for but, and it's a big but, if you don't the Tribunal are then legally able to draw an adverse inference from your failure to do s. This means they can reach their own conclusions in relation to the decision under appeal based on the information and evidence that has been presented to them by everyone else (CSA, PWC, etc). You then have little recourse but to live with their decision, as you can only appeal to the Upper Tribunal on a point of law. Have a look at this, the bottom paragraph of page 6 in particular:
http://www.justice.gov.uk/downloads/forms/tribunals/sscs/child-support-how-to-appeal.pdf

Joe1975000

Hi Honey Nut,
Thank you for such a speedy reply, i dont have any problem giving them the information they ask for, my only concern is i used my personal bank account for some business use aswell, ie some payments went in there but as you go through the statements you can also see i paid money out to my suppliers, my concern was they may think the money was mine and not the business. and then assess me on that.
Joe,

HoneyNutLoop

No-one can guess what the Tribunal will decide, but you are basically doing what the booklet says: you are considering not providing the evidence because you fear that by providing it, you will harm your case.

It's obviously up to you what you decide to do, but now you also know that by not providing it, you may also harm your case. Also keep in mind you aren't able to further appeal the Tribunal's decision once it has been made, on the basis that you have now decided, after the event, that producing the documents may have assisted your case.

Joe1975000

Thanks Honey Nut,
I will supply what the directions notice is asking, and hope that they get it right, is it the Tribunal Judge and Tribunal Accountant that decide what the assessment will be after they have received my evidence or do they hand it all back to the CSA to make the new assessment?
Also you say i cannot further appeal the Tribunals decision once its been made, does this rule also apply to the PWC?
Sorry for so many questions i just want to get things right now, and then try and get access to my child.

HoneyNutLoop

The Tribunal will decide the facts that should be used to work out the calculation, and what the calculation should be. They then pass this back to the CSA for it to update their records with the Tribunal's decision, and to recalculate the amount owed following the decision. (so if the Tribunal increase the calculation from what it was originally, the CSA will add arrears to the account; if the Tribunal decrease the calculation, the CSA will reduce any existing debt by the overcharged amount, or calculate an overpayment if there were no pre-existing arrears, or the pre-existing arrears were less than the resultant overcharge).

You both have the same rights against the Tribunal's decision. As explained in the linked booklet:

"Is the decision of the Tribunal final?
Generally it is. This is a good reason why you should take part to the maximum extent possible.

If you produced a document to the Tribunal before the hearing, but it was not considered, or if you were unaware of the hearing, there may be grounds to set the decision aside and re-hear the case. But this remedy is not available where you decide after the event that a document might help your case, or where you sent documents in late, or where you did not keep us informed about a change of address. If you want a judge to consider this you must tell us as soon as possible and in any event within one month of notification of the decision.

There is the possibility of a further appeal on a point of law if you are able to establish that the Tribunal applied the law wrongly. It will usually be harder for you to do that if you have not played an active part and so know little about the case.

The further appeal is to the Upper Tribunal. There is no right of appeal; you must be granted permission, either by a judge of this Tribunal or the Upper Tribunal. Permission will only be granted if it is thought that the tribunal may have made a mistake as to the law.

The procedure is not complicated but there is a form to complete and there are time limits.

Remember that the opportunities that you have to challenge the decision of the Tribunal are also available to the other parties to the appeal: generally the other parent and the Commissioner.

When our Tribunal has made its decision, you will be given a document setting out the steps you need to take to mount a further challenge."

786

If you want to see your child, you can use the courts and do the paperwork yourself. It does not cost a lot and if you have no money you can fill in a form so fees are waived.

shoe*diva79

786 wrote: »

If you want to see your child, you can use the courts and do the paperwork yourself. It does not cost a lot and if you have no money you can fill in a form so fees are waived.

This is correct. The fee is £200 and if you claim certain benefits this will be waived. You don't need a lawyer or anything, its very easy to do yourself.

Joe1975000

Thanks for all your answers Honey Nut, its made things a little clearer, and just hope the Tribunal see the true facts.
Thank you to 786 and Shoe Diva, i will get onto that as its relatively in expensive, i was led to believe it ran into the thousands and there was no guarantee you would see your child.
May i ask further questions later if i have missed something, or do not understand anything.

Mojisola

You can get support and help -

https://www.separateddads.co.uk/supportforseparatedfathers.html

shoe*diva79

I have recently gone through the contact order process so give me a shout by PM if ou have any specific questions.