Compensation for Maladministration
Many people who have suffered actual financial loss contact Durham Legal Services requesting our help with the recovery of monies due from the CSA. In order to assist you, this section looks at instances of maladministration which could mean a compensation payment would be considered.
Inappropriate issue of an MEF to a person wrongly identified as the non-resident parent
Issue of an MEF to a person wrongly identified by the PWC as the non-resident parent of the child(ren) concernedWhen a PWC applies for child support maintenance she is asked to give details of the non-resident parent of the child(ren) concerned. In the absence of any evidence to the contrary, the Agency will accept that information in good faith and will send the alleged non-resident parent an MEF and give him the opportunity to dispute parentage if he has valid cause to do so.
Where a PWC has (whether through genuine confusion or for some other reason) given the Agency details of somebody who is not the father and the Agency acts on this in good faith, that is not maladministration and a special payment will not be appropriate.
Issue of an MEF to a person wrongly identified by the Agency as the non-resident parent of the child(ren) concerned
A consolatory payment of £100 should automatically be paid when a MEF has been issued to the wrong person as a result of an error by the Agency. The £100 is made in recognition of the upset and inconvenience caused by the error. In these circumstances, no objective evidence of impact on health is required to support the claim. The award of £100 does not preclude a higher award, but any claim for a higher consolatory payment should be supported by objective evidence of the adverse effect of the error. For example, when the person indicates that he suffered exceptionally.
Should you require any additional information on compensation and the amount you would be entitled to, please feel free to purchase an advice voucher and speak to one of our compensation specialists.
