Complaint or appeal? Choosing the right route

1 minute read

Illustration of an envelope stamped FINAL beside two speech bubbles

When something goes wrong with the CMS it is natural to want to complain. But a complaint cannot change a maintenance decision, and a tribunal cannot award compensation for poor service. Choosing the right route matters.

The simple test

Ask: is the problem the decision itself, or how I was treated?

  • The amount, who pays, the number of nights, the income figure, a variation: that is a decision. Ask for a mandatory reconsideration and then appeal.
  • Delay, lost letters, wrong information, rudeness, a decision not carried out: that is service. Make a complaint.

When you need both

Often a bad decision comes with bad handling. For example, an adviser gives you wrong information, and a decision is made on the wrong facts. Do both, separately:

  1. Challenge the decision within the time limit.
  2. Complain about the handling, and ask for any financial loss to be put right.

Make each letter clear about what it is. Put “Mandatory reconsideration request” or “Complaint” at the top. If you mix them, the complaint may be answered and the decision left unchallenged, and the deadline passes.

Do not let a complaint delay an appeal

Complaints can take months. Appeal deadlines do not wait. If both are needed, deal with the deadline first.

About the writer. CMS Hub is written by a parent who represented themselves through the Child Maintenance Service, mandatory reconsideration, the First-tier Tribunal and the family court. Nothing here is legal advice. Spotted something wrong? Tell us.

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