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Putting things right: complaints and learning from DWP - the ...

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Mr D’s complaint about <strong>the</strong> Child Support Agency<br />

In Mr D’s case, <strong>the</strong> Child Support Agency’s poor record keeping had a far-reaching impact. Although<br />

<strong>the</strong>y recognised, relatively quickly, that he was not <strong>the</strong> man <strong>the</strong>y were looking for, <strong>the</strong>y continued to<br />

pursue him <strong>and</strong> to cause him a great deal of distress for a long time because <strong>the</strong>y had not removed his<br />

details <strong>from</strong> <strong>the</strong>ir computer system.<br />

Background to <strong>the</strong> complaint<br />

In March 2004 <strong>the</strong> Child Support Agency<br />

(<strong>the</strong> Agency) incorrectly identified Mr D as a<br />

non‐resident parent, after inputting <strong>the</strong> wrong<br />

National Insurance number into <strong>the</strong>ir computer<br />

system. They sent Mr D a maintenance enquiry<br />

form, which he returned marked ‘return to sender’.<br />

He received a fur<strong>the</strong>r form <strong>and</strong> telephoned <strong>the</strong><br />

Agency several times to try <strong>and</strong> resolve <strong>things</strong>.<br />

The Agency traced Mr D’s employer (he was in<br />

<strong>the</strong> armed forces), obtained his income details<br />

<strong>and</strong> calculated his liability for child support<br />

maintenance. Mr D telephoned <strong>the</strong> Agency on<br />

11 May to say that he was not <strong>the</strong> non‐resident<br />

parent. The Agency made enquiries of <strong>the</strong><br />

parent with care <strong>and</strong> accepted Mr D was not <strong>the</strong><br />

non‐resident parent. In June <strong>the</strong>y started to remove<br />

his details <strong>from</strong> <strong>the</strong>ir computer system, but a<br />

system fault prevented <strong>the</strong>m <strong>from</strong> doing so.<br />

In July 2004 <strong>the</strong> Agency apologised to Mr D<br />

for this ‘unnecessary <strong>and</strong> upsetting intrusion<br />

into your life’, <strong>and</strong> paid him compensation of<br />

£100. In December <strong>the</strong> Agency wrote to Mr D<br />

saying that he owed £1,692.55 in maintenance<br />

arrears <strong>and</strong> warned him <strong>the</strong>y may impose a<br />

deduction <strong>from</strong> earnings order. Mr D said this<br />

correspondence started his girlfriend’s breakdown<br />

of trust in him.<br />

In January 2005 <strong>the</strong> Agency sent a deduction <strong>from</strong><br />

earnings order to Mr D’s employer. In February<br />

Mr D’s solicitors wrote to <strong>the</strong> Agency: <strong>the</strong>y were<br />

considering Mr D’s position with regard to damages<br />

for <strong>the</strong> hurt to his reputation, distress, <strong>and</strong> extra<br />

expense incurred. Mr D’s superior asked <strong>the</strong> Agency<br />

to withdraw <strong>the</strong>ir dem<strong>and</strong> for payment of <strong>the</strong><br />

maintenance arrears. The Agency <strong>the</strong>n cancelled<br />

<strong>the</strong> deduction <strong>from</strong> earnings order.<br />

In March 2005 <strong>the</strong> Agency apologised to Mr D’s<br />

solicitors for not having dealt properly with Mr D’s<br />

case, <strong>and</strong> gave assurances that <strong>the</strong> computer<br />

system was being corrected to remove his details.<br />

They also said that a compensation payment<br />

was being considered. On 10 March <strong>the</strong> Agency<br />

refused Mr D a compensation payment. They<br />

acknowledged <strong>the</strong> inconvenience <strong>the</strong>y had caused<br />

him, but required evidence of <strong>the</strong> legal costs he<br />

had incurred before <strong>the</strong>y could make that decision.<br />

The Agency said that on 23 March <strong>and</strong> again on<br />

4 April <strong>the</strong>y raised <strong>the</strong> matter of <strong>the</strong> fault with<br />

<strong>the</strong>ir computer system with <strong>the</strong>ir service provider.<br />

(The Agency were unable to say when <strong>and</strong> how<br />

<strong>the</strong>y eventually removed Mr D’s details <strong>from</strong> <strong>the</strong>ir<br />

system successfully.)<br />

In April 2005 Mr D took on a specialist operational<br />

role in Iraq. On 12 April <strong>the</strong> Agency sent him two<br />

fur<strong>the</strong>r letters, including a schedule of what<br />

maintenance payments he was to make <strong>and</strong><br />

when, <strong>and</strong> in May <strong>the</strong>y asked Mr D’s employer<br />

for information. Mr D said <strong>the</strong> situation became<br />

more frustrating <strong>and</strong> inconvenient with each letter.<br />

Each time he had to discuss <strong>the</strong> matter with his<br />

superiors, solicitors, family <strong>and</strong> girlfriend, which was<br />

time consuming <strong>and</strong> stressful. He said that <strong>the</strong> latest<br />

correspondence had caused a total breakdown of<br />

trust with his girlfriend. In July Mr D’s solicitors told<br />

<strong>the</strong> Agency that <strong>the</strong>ir expenses up to 16 June 2005<br />

were £193.72. The Agency did not respond.<br />

<strong>Putting</strong> <strong>things</strong> <strong>right</strong>: <strong>complaints</strong> <strong>and</strong> <strong>learning</strong> <strong>from</strong> <strong>DWP</strong> | March 2009 45

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