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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How can you get child support agency respond to my challenge

Customer Question

How can you get child support agency respond to my challenge of 4 years - they will not answer solicitor that I engaged - My question is were my daughters d.o.b.19.11.1990 & 13.11.1991 following their sixteenth birthdays. They have disclosed to the Ombudsman that the eldest attended from September to 6 October 2008 & the other from Sept 2008/July2009 & Sept 2009/March 2010. I ask where were they in 2006/7 and 2007 ? They also claim that they have a court order for arrears of £1246.68 and will send bailiff action for £967.68 and have taken £709.51 out of my last pay[August] when I am off sick with heart problems and am getting into debt.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to help you but I need some further information first
Have you obtained a full copy of your file?
Claire
Customer: replied 3 years ago.

I do not understand your question "have you obtained a full copy of your file"

Expert:  Clare replied 3 years ago.
Hi
My apologies - have you obtained a full copy of your file from the CSA under the Freedom of Information Act?
Claire
Customer: replied 3 years ago.

NO- they will not answer my letters- where do I go from here?

Expert:  Clare replied 3 years ago.
Hi
The starting point is to apply for a full copy of your file under the Freedom of Information Act it costs £10 and has to be provided within 28 days.
https://www.gov.uk/make-a-freedom-of-information-request/organisations-you-can-request-information-from
You will then be able to check that your ex was still in receipt of Child Benefit for the relevant period which is all that you are entitled to know - the CSA cannot tell you which schools or colleges your children were at.
You can make a formal complaint about the failure of the CSA to deal with your correspondence - sending details of all letters which have been ignored
I hope that this is of assistance - please ask if you need further details
Claire
Claire
Customer: replied 3 years ago.

Your response of no value - I am NOT interested in child benefit - The question is were they in education following their sixteenth birthday as defined in section 55 of the act in operation in years 2006 & 2007. Their disclosure to the ombudsman shows that one d.o.b.19.11.1990 was in education Sept/6 October 2008 - so where was she in years 2006 & 2007 and other d.o.b.13.11 1991 was in education Sept 2008/July 2009 & Sept 2009/March 2010 - so where was she in year 2007. The ombudsman says ICE made a full investigation and will not persue and ICE will not address my question where were they - Note viz ICE CSA have awarded me 2x £50.00 compensation because they failed to answer.

Expert:  Clare replied 3 years ago.
Hi Keith
In fact you ARE interested in the Child Benefit situation as THAT is the basis on which the CSA determine whether or not a child is still in education.
Ii is one of the little known facts about how the CSA work - no they don't check on which school or college the child is at - just on whether or not the Resident Parent is in receipt of Child Benefit.
In addition - as I mentioned - even if they did know where the child was at school they would not disclose those details to you - and they cannot be forced to do so.
However it is often possible to glean useful information from the full file - which is why the £10 is worthwhile
Claire

Customer: replied 3 years ago.

The law changed in 2009 when child benefit was the decider - I am referring to section 55 as applied in 2006 & 2007 & that question neither CSA or ICE will address and neither CSA in letters addressed to Chief Executive sent by recorded mail will respond to. Please refer me to "one of the little facts about about how the CSA work" where is that written in law and why will the CSA disclose which court issued an order against me?

Expert:  Clare replied 3 years ago.
Hi
Which court order are you referring to?
Are you saying they will not give you the details of the Order?
Claire
Customer: replied 3 years ago.

CSA letter dated 02.12.2011 reads "We are applying to a court for a liability order against you Amount £1246.68 and same office letter dated 18.05.2012 reads " We are taking bailiff action against you. A liability order has bee granted against you" amount £967 68 but they will not disclose which court. In August 7 2013 they issued an earnings order against me for £967.68 Note NO other messages from CSA between those days despite my letters challenging their order repeating where were the girls in 2006/7 and the other in 2007 They will NOT address the issue and neither will ICE

Expert:  Clare replied 3 years ago.
Hi
So no copies of the Orders at all?
Claire
Customer: replied 3 years ago.

NO - was not advised of any application to court so that I could challenge their request - also they have ignored my request to refer my challenge to a tribunal - how come they refer to 2 different amounts - I ask how efficient they are.

Expert:  Clare replied 3 years ago.
Hi
When you instructed a Solicitor - did they not get a copy of your file from the CSA (it should have been their first move)
Claire
Expert:  Clare replied 3 years ago.
Hi
I can see that you have seen my query and assume that the failure to respond means that they did not.
The fact is that none of your issues can be dealt with effectively unless or until you have taken some basic steps - the first of which is to pay £10 and get a full copy of your file
You are NOT entitled to know which educational establishments your children were at after they were 16 - and the CSA have ALWAYS relied on the fact that the mother was in receipt of Child Benefit in order to decide if the children were still at school or not - it wasn't in the law but it is what they did anyway
So if you are hoping that you can force the CSA to tell you which schools the children were at in those periods then I am sorry you will be disappointed - all they had to show was that the Child Benefit was received and that therefore the DWP were content that the children were still in education
If however you beleive that the figures are wrong it is indeed worth fighting as you are right the CSA have a well deserved reputation for getting the figures wrong
You are also entitled to copies of the Liability Orders.
You clearly know the system well and have had compensation for their failure to respond to letters so you can follow it up.
You have also clearly also already learnt that solicitors have no better luck with the CSA than you do - the rules are labyrinthine and there is little a solicitor can do to help.
This group have better success
http://www.nacsa.co.uk/
However I can only repeat if what you are wanting is to know the schools that your children were at after they were 16 it will NOT happen
I am sorry - I know you wished to receive different news but sadly it cannot be given
Claire
Customer: replied 3 years ago.

Hi & thanks. NO I accept that they will not give me the school and that does not concern me. After about 18 months of letter writing in 2009 they said we will contact the college for their attendance record & WILL ADVISE YOU- but they never did- but they did advise ICE & Ombudsman. - Ombudsman advised my MP of their attendance which clearly shows as I said one was not in education years 2006 & 2007 but attended for 5/6 weeks in Sept 2008 and the other shows she was not in education following her sixteenth birthday in 2007 but went in for nearly 2 years from Sept 2008 . What I am seeking is how to get CSA
to answer which court did they get the liability orders and can I apply to that court to challenge their order. It should be noted that initial years up to their sixteenth birthdays they had issued orders for deduction viz my employers and were paid, but for some reason this stopped, and why did they resort to court orders and finally last month they issued an employer order for 2 payments to cover so called arrears. Solicitors used I was not after a year happy with their efforts and discharged them as I could no longer afford their fees, as at Easter I had a heart attack was admitted to Frimley hospital and at present am off sick with a question when I will be fit to return to work. Thanks

Expert:  Clare replied 3 years ago.
Hi
That is interesting information.
So for clarity (always hard with the csa)
Your eldest was due to leave compulsory education in July 2007 and your youngest in July 2008
Since this was the end of the School year for each of them
What I am not certain is which is which in terms of the matters you reported above?
Claire
Customer: replied 3 years ago.


Hi- me again - The eldest d.o.b.19.11.1990 was sixteen in 2006 end of compulsory education and by the disclosure to the Ombudsman by csa from disclosure by the college of her attendance was not in education then until Sept/6 October 2008 & only for 4/5 weeks so I maintain she was not in education as per Section 55 of the child act 1991 as in law in 2006 and the youngest d.o.b. 13.11.1991 was sixteen in 2007 end of compulsory education and by the college declaration to CSA was not then in education until Sept 2008/July 2009 & Sept 2009/March 2010- so again I maintain she was not in education as covered re child maintenance as per section 55 of the 1991 child act as in force in 2007. As you know before the child sixteen birthday you get an enquiry as to their future education is to continue so child benefits continue, but it should be borne in mind that you have a responsibility to advise the authority of any changes, so I question did this take place, and as perhaps child benefit was paid until they were eighteen and perhaps this was so CSA says claim valid. My problem is who can I get to answer was child maintenance payable as per the Act when it is clear by the disclosure by CSA to the ombudsman one was not in education years 2006 & 2007 and the other was not in education year 2007 What right have I to get details of the court liability orders so perhaps I can get answers that way. Thanks

Expert:  Clare replied 3 years ago.
Hi
In fact neither girl would have been able to leave school until the Easter after their birthdays at the earliest - and more usually the leaving date is of course May/June following exams
However with the eldest this till leaves the school year 07/08 unaccounted for and indeed the balance of the year 08/09 given the brief flirtation with education in November
So far as I can see however your youngest did indeed stay in full time education - since March 2010 is generally when the colleges start exams and you would have remained liable until the September following that.
Do you not agree with this?
Claire

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