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