Disputing a decision made by the Child Maintenance Service (CMS) often means appealing through HM Courts and Tribunals. However, entering these proceedings without proper preparation can lead to serious consequences. With much of CMS decision-making now automated, it’s increasingly difficult to know whether you’re appealing the correct decision
Did you know;
- The Tribunal has limits on what it can consider and may even examine issues beyond your original dispute?
- The type and quality of evidence you present can make or break your case?
- Some evidence might actually work against you?
- You still have options even after Tribunal proceedings have concluded?
At NACSA, our expert team is here to guide you every step of the way. Whether you need support or full representation, we’ll ensure you’re thoroughly prepared and equipped with the right information to defend your position confidently.
First Steps to appeal
Before any appeal can be lodged, you must first ask the CMS to reconsider their decision. This is known as a Mandatory Reconsideration request. If you do not take this step, any appeal may be invalid.
The CMS must then consider your request, and will either revise their decision because they agree it is wrong, or will refuse to remake their decision. This should be notified in writing as the Mandatory Reconsideration Notice.
Once the Mandatory Reconsideration Notice is received, either parent may then lodge an appeal.
The appeal must include the reasons why the decision is disputed.
Managing Your Appeal Bundle
It’s crucial to keep the bundle safe and well-organized. Read it carefully, as it contains important details about the decision and the reasoning behind it. This is also your chance to provide additional evidence to support your case. In some situations, you can request the Tribunal to direct the other party to provide further evidence. Any evidence you wish to rely on must be submitted before the matter is listed for a hearing.
All evidence submitted must be shared with all parties involved; you cannot submit evidence for the Tribunal alone to view.
A Tribunal hearing will be scheduled, where parties will present oral evidence along with the written evidence in the bundle. Hearings can take place by telephone, video, or in person. Regardless of the format, you should dress and behave as if you were attending in person.
A representative from CMS will often attend, and will provide initial details of the decision under appeal. The Judge will then invite each party to present their oral evidence, typically through a series of questions. This is your chance to persuade the Judge that the decision is incorrect.
Tribunal Decisions and Next Steps
After all evidence has been presented, the Judge will decide if there is enough information to make a decision, or if additional evidence is required. If more information is needed, the matter will be “adjourned” and further “Directions” will be issued. If a final decision can be made, the notice will be issued is often issued in writing by post. A copy of the decision is issued to all parties, including CMS.
The Tribunal is not limited to consider the specific issue under appeal, and may consider any matter that is seen in the evidence. However, the Tribunal cannot make decisions about the collection or enforcement of maintenance. It is the responsibility of CMS to implement the Tribunal’s decision and make any necessary adjustments to the account.
The Tribunal’s decision is authoritative and can only be appealed on a point of law, not merely because you disagree with the findings.
There are specific steps and time limits to appeal a Tribunal decision. Please reach out to us if you have any concerns over a Tribunal matter.
If you are involved in Tribunal proceedings, or about to start, it is crucial to obtain reliable guidance. Our consultants possess extensive knowledge of the CMS system and the Tribunal process. Advocacy services are also available.
Book your consultation now and have our experts by your side.
