When a parent disagrees with a decision made by the Child Maintenance Service (CMS), the first step is to request a Mandatory Reconsideration . This must be done within 30 days of receiving the original decision notice.
Mandatory Reconsideration gives the CMS an opportunity to review the decision, taking into account any new information or evidence that may not have been considered initially. Once the review is complete, CMS will issue a Mandatory Reconsideration Notice, confirming whether the decision has been changed or upheld.
Although the process is intended to be straightforward, issues often arise especially when errors are not identified early. These oversights can have long‑lasting and financially significant consequences.
Clarity is essential when asking for a Mandatory Reconsideration. The CMS may issue several decisions in close succession, and unless you clearly say which decision you are challenging, your request will automatically be linked to the most recent one, and that may not be the decision you intended to dispute.
This can send the appeal in a completely different direction than you expected and potentially may be dismissed.
A recent case highlights just how important accuracy is during the reconsideration process.
The parent received a revised maintenance calculation that added a variation for additional income, backdated over several years and resulting in substantial arrears. Only a few days later, the parent left their job and moved onto benefits, which changed their calculation to the flat‑rate amount. The parent requested a Mandatory Reconsideration to challenge the inclusion of the additional income, but because the flat‑rate assessment had already been issued, the challenge was inadvertently linked to that newer decision rather than the one relating to the additional income.
CMS appeals progress slowly, and it was around 18 months before a hearing was scheduled. At the hearing, it became clear that the appeal related to the flat‑rate benefits decision—not the original income‑based calculation the parent had intended to dispute.
The Tribunal dismissed the appeal, as the flat‑rate decision was legally correct. By this stage, the time limit to request a reconsideration of the income decision had expired, leaving the parent unable to challenge it.
As a result, the parent was left with substantial child support arrears based on a decision that had never been correctly challenged and could no longer be appealed.
The Mandatory Reconsideration process may appear simple, but it carries significant legal weight. Identifying the correct decision, submitting clear grounds for challenge, and understanding the difference between a complaint and a reconsideration request are all crucial steps in protecting your rights.
To avoid these pitfalls, it’s vital to:
- Clearly identify which specific decision you are disputing
- Use the exact date of the decision you are appealing.
- Make sure your dispute is against the decision itself, and not the quality of service.
Mistakes that go unchallenged, even accidentally, can accumulate over many years and lead to devastating financial consequences.
 – Author: Michelle Counley
