Child maintenance service

Full Child Maintenance Service (CMS) Complaint Process

Including complaints, appeals, courts, forms, and escalation routes

1. First: Decide whether this is a complaint or an appeal

A. Complaint = bad service by the Child Maintenance Service

Examples:

  • delays
  • ignored evidence
  • rude staff
  • failure to enforce payments
  • wrong information given
  • lost documents
  • maladministration

Official GOV.UK page:
CMS Complaints and Appeals

https://www.gov.uk/child-maintenance-service/complaints-and-appeals

 

B. Appeal = you disagree with the actual decision

Examples:

  • wrong maintenance calculation
  • wrong income used
  • incorrect arrears
  • incorrect liability decision

This requires:

Step 1: Mandatory Reconsideration (MR)

You must request this within 30 days of the decision letter. CMS confirms this on GOV.UK.

Official page:
Mandatory Reconsideration (CMS)

FULL COMPLAINT PROCESS (Service Complaint)

 

STAGE 1 — Formal Complaint to CMS

You complain directly to the person handling your case or their manager first.

Write clearly:

Subject:

FORMAL COMPLAINT

Include:

  • CMS reference number
  • NI number
  • dates
  • what happened
  • what went wrong
  • what loss you suffered
  • what you want fixed
  • request compensation if appropriate

CMS should acknowledge within about 2 working days and aims to respond within 15 working days.

Citizens Advice guidance:
Complaining about CMS

https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/contacting-the-cms/complaining-about-the-child-maintenance-service/

 

STAGE 2 — Complaints Resolution Team

If Stage 1 fails:

Escalate to the Complaints Resolution Team

Use the address shown on your CMS letters.

(There is no single national public email published—CMS uses the office handling your case.)

Citizens Advice confirms you write to the centre dealing with your case.

 

STAGE 3 — Internal Review

If still unresolved:

Ask for a formal review of how your complaint was handled.

Contact details are normally provided in the Complaints Resolution Team response letter.

 

STAGE 4 — Independent Case Examiner (ICE)

If CMS issues its final response and you still disagree:

Complain to:

Independent Case Examiner

Official page:
How to complain to ICE

https://www.gov.uk/government/publications/how-to-take-a-complaint-to-the-independent-case-examiner

 

You must complain within 6 months of CMS final decision.

ICE covers:

  • Child Maintenance Service
  • Child Support Agency
  • DWP complaints

 

STAGE 5 — Ombudsman

Final escalation:

Parliamentary and Health Service Ombudsman

Official page:
Parliamentary Ombudsman

https://www.ombudsman.org.uk/?utm_source=chatgpt.com

 

IMPORTANT:
You cannot apply directly.

You need:

Your MP to refer your complaint

Citizens Advice confirms this.

 

 

 

COURT ROUTE (Legal Challenge)

If complaint routes fail:

Possible court routes include:

Judicial Review

For:

  • unlawful CMS decisions
  • abuse of power
  • serious procedural unfairness

This is High Court work and usually requires a solicitor.

Family Court (limited use)

Courts usually do NOT replace CMS calculations.

But they may help for:

  • school fees
  • disability costs
  • top-up maintenance (high earners)
  • special expenses

TRIBUNAL APPEAL ROUTE (Decision Appeal)

If you disagree with a decision:

FORM SSCS2 — Child Maintenance Appeal Form

Official tribunal appeal form:

Download Form SSCS2

GOV.UK confirms:
“You cannot appeal a Child Maintenance decision online. Use form SSCS2.”

This goes to:

Social Security and Child Support Tribunal

Social Security and Child Support Tribunal

Only after Mandatory Reconsideration.

Deadline:
Usually 1 month after MR decision.

https://www.gov.uk/child-maintenance-service/complaints-and-appeals

 

 

HMCTS Complaint Process

If your issue is with the court/tribunal service itself:

Examples:

  • hearing delay
  • lost paperwork
  • administrative failures

Use:

HM Courts & Tribunals Service

Official complaints page:
HMCTS Complaints Procedure

https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure?utm_source=chatgpt.com

 

 

Judicial Conduct Complaint (Judge Misconduct)

If your complaint is about the judge’s behaviour:

NOT about the decision.

Use:

Judicial Conduct Investigations Office

Official portal:
JCIO Complaints Portal

Complaints

 

Useful Extra Support

Find your MP

Find Your MP

https://members.parliament.uk/FindYourMP?utm_source=chatgpt.com

 

Citizens Advice Help

Citizens Advice CMS Help

https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/contacting-the-cms/complaining-about-the-child-maintenance-service/?utm_source=chatgpt.com

 

What to ask for in your complaint

Always request:

  • correction of decision
  • arrears recalculation
  • suspension of enforcement
  • compensation
  • maladministration finding
  • written apology
  • reimbursement of losses
  • urgent review

OUR strong advice

Always send:

a written complaint + evidence bundle

Always send COPIES, not original documents, in case they are not returned.

Include:

  • payment history
  • bank statements
  • CMS letters
  • screenshots
  • call logs
  • missed enforcement proof
  • financial loss proof

 

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