Parliamentary and Health Service Ombudsman (PHSO) — Child Maintenance Service (CMS) updates (2016–2026)
The Parliamentary and Health Service Ombudsman (PHSO) deals with complaints about the Child Maintenance Service (CMS) after:
CMS complaint process
Independent Case Examiner (ICE)
referral by your MP to PHSO
This has been one of the biggest routes for serious CMS maladministration cases.
Key PHSO timeline (last 10 years)
Year
PHSO Update
Main Issue
2016–2020
Repeated upheld complaints involving CMS and legacy CSA cases
delays, wrong calculations, missed enforcement, poor communication
2021
Rising complaints about CMS service delays and incorrect decisions
complaints route strengthened via MP referrals
2022
Parliament increased scrutiny after NAO report
enforcement failures + arrears growth
Jan 2023
Major upheld case: father wrongly paid £8,500+
CMS failed to handle paternity dispute correctly
2024
More complaints linked to Direct Pay, enforcement and domestic abuse issues
stronger pressure for reform
2025
New published CMS complaint decisions continued
delays, maladministration, payment errors
2026
Updated complaints guidance + DWP complaint statistics show CMS remains a major complaint area
“You’ve got it wrong” biggest complaint reason
Most important PHSO case
2023 — wrongly paid £8,580 returned
Parliamentary and Health Service Ombudsman found CMS had seriously failed a father who disputed paternity.
What happened
The father told CMS in 2014 he did not believe he was the biological parent.
CMS should have opened a formal paternity dispute immediately.
Instead:
- they gave incorrect advice
- delayed action for years
- failed to properly investigate
Only in 2019 did they properly open the dispute.
As a result, he unnecessarily paid:
£8,580.39
in child maintenance.
PHSO ordered CMS to repay the full amount and recognised major emotional distress.
https://www.ombudsman.org.uk/failings-led-man-unnecessarily-paying-over-ps8500-child-maintenance?utm_source=chatgpt.com
This became one of the best-known CMS Ombudsman cases.
Common PHSO complaint themes
1. Delays
Cases taking years before:
- enforcement starts
- reassessment happens
- arrears action begins
2. Wrong calculations
Examples:
- incorrect income used
- self-employed income ignored
- arrears miscalculated
- parent wrongly pursued
3. Poor communication
Examples:
- incorrect advice
- missing letters
- no callbacks
- contradictory decisions
4. Failure to enforce
Especially:
- unpaid arrears
- delayed liability orders
- failure to pursue assets
- missed court deadlines
5. Domestic abuse concerns
Especially where Direct Pay forced contact with abusive ex-partners.
This later drove Parliament reforms.
2026 complaint statistics
Latest DWP figures show CMS remains a major complaints area.
Most common complaint reason:
“You’ve got it wrong” = 44%
Second:
“You take too long”
This strongly matches PHSO findings.
https://www.gov.uk/government/statistics/dwp-complaints-statistics-to-december-2025/dwp-complaints-statistics-to-december-2025?utm_source=chatgpt.com
Official complaint route
CMS → ICE → MP → PHSO
You cannot usually go directly to PHSO.
You must:
- complain to CMS
- go to ICE
- ask your MP for referral to PHSO
Official guidance confirms this.
https://www.gov.uk/child-maintenance-service/complaints-and-appeals?utm_source=chatgpt.com
Simple summary
PHSO findings over the last decade show:
CMS problems are usually not just “late payments”
They are often:
- maladministration
- wrong legal decisions
- poor investigations
- years of avoidable delay
- serious financial injustice
This is why PHSO cases became a major part of Parliament pressure for CMS reform.