Guide · Updated 07/07/2026 · Deadline: 1 month from the decision letter

Mandatory reconsideration

Before you can appeal any CMS decision to the independent tribunal, you must first ask the CMS to look at it again. This is the mandatory reconsideration (MR) — free, quick to request, and the point at which a large share of errors get fixed. It is also where parents most often lose their rights by missing the clock.

What can go to MR

Any decision: the maintenance calculation, the income figure used, shared care banding, a variation grant or refusal, a supersession refusal, the effective date, an arrears-related decision, a default maintenance decision. What cannot: complaints about service, delay or conduct — those go up the complaints ladder instead (and can run in parallel).

The clock

DeadlineRule
1 monthFrom the date on the decision letter. Requests within this period must be accepted.
Up to 13 monthsA late request can be accepted with special circumstances/good reasons for the delay (illness, postal failure, wrong advice from the CMS itself). Never plan to rely on this.
No limitRevision for official error — where the CMS made an error on the facts it actually held — has no time limit. If you are far out of time, frame the request as official-error revision as well as a late MR.

How to do it well

  1. Request it in writing

    Phone is valid but leaves you dependent on their note of the call. Write — via your online account message facility or letter — so the date and content are provable. State plainly: "I request a mandatory reconsideration of the decision dated [date]."

  2. Identify the specific decision

    Quote the letter date and reference. If several decisions are in play (calculation plus arrears, say), name each one — each carries its own MR right.

  3. Say exactly what is wrong, by element

    Not "this is unfair" but "the gross income of £X is wrong: my P60 for 2024/25 shows £Y" or "shared care Band B applies: the attached court order provides 2 nights weekly". Point to the rule — the calculation guide and income guide give you the framework.

  4. Attach evidence

    P60s, payslips, pension statements, court orders, care diaries, bank statements. The single biggest difference between MRs that succeed and fail is documentary evidence. If evidence will take time to gather, lodge the request inside the month and send evidence after — the deadline attaches to the request.

  5. Ask for the decision-maker's working

    Request the figures, tax year, and calculation steps used. This either resolves the case or builds your appeal bundle. Consider a parallel subject access request for the full file.

  6. Diarise the outcome

    You will receive a Mandatory Reconsideration Notice (MRN) — usually two copies, because you need to send one with any appeal. The MRN date starts your one-month tribunal appeal clock. There is no fixed statutory time limit for the CMS to complete an MR; if it drags for months, chase in writing and consider a complaint about the delay.

Keep paying while you challenge

An MR does not suspend liability. Stopping payment during a challenge builds enforceable arrears and hands the CMS the initiative. Pay the assessed amount (under written protest if you wish); recover any overpayment through offset or refund once the decision is corrected.

Template letter

Adapt every bracketed section. Full set of templates here.

[Your name, address, National Insurance number, case reference] [Date] Child Maintenance Service [Address on your decision letter] Dear Sir or Madam, REQUEST FOR MANDATORY RECONSIDERATION — decision dated [date], reference [ref] I request a mandatory reconsideration of the above decision under section 16 of the Child Support Act 1991. The decision is wrong for the following reasons: 1. [Element] — [what the decision says] is incorrect because [fact]. Evidence: [document] (enclosed). 2. [Element] — [as above]. Please also provide the full working of the calculation, including the gross income figure used, the tax year it relates to, all deductions applied, and the shared care band used. If any part of this request is out of time, I ask that it be accepted late for the following reasons: [reasons], and in the alternative that the decision be revised for official error, which carries no time limit. Please send the Mandatory Reconsideration Notice in duplicate. Yours faithfully, [Name] Enclosures: [list]

Outcomes and next steps

Three possibilities: the decision is changed in your favour, changed against you (rare but possible — reconsideration is a fresh look), or unchanged. If you remain unhappy, the MRN unlocks the First-tier Tribunal — an independent judicial body with a materially better track record of correcting CMS errors than the internal process. Do not be discouraged by an unchanged MR; treat it as the qualifying step it is.

Sources

SourceTypeDateCredibility
GOV.UK — CMS: complaints and appealsOfficial guidanceCurrentHigh
Child Support Act 1991, ss.16–17, 20Primary legislationAs amendedHigh
Social Security and Child Support (Decisions and Appeals) Regulations 1999Primary legislation (SI)As amendedHigh
Gingerbread — Challenging a CMS calculationCharity guidanceCurrentHigh — specialist charity