19.11. Does the CSA owe a duty of care to clients? (1999-07-28)

Whether a duty of care exists (which is a pre-requisite of an action for negligence) depends on all the circumstances. The courts decide whether a duty of care exists in given situations on a case by case basis, but presumably the one most relevant here is whether they owe a duty of care in relation to the "advice" that they give. It is very possible that they do, although it is difficult to say for sure.

The DSS have argued for years that they owe their "customers" no duty of care in the advice they give.

An alternative approach may be a tort of misfeasance in a public office which would apply where a public body or official causes someone financial loss by deliberately abusing their powers, or acts in a conspiracy to cause unlawful financial loss or harm to another.

There is group at Belfast (and probably other offices) calling themselves 'Specialist Trace'. They put a trace in at Cumbernauld, Scotland, continually looking at NI contributions etc. When an NI contribution is paid on someone they are hoping to contact, the victim knows with uncustomary speed - like within the week!

The agency may be breaking the law by doing this. Anyone know what the position is?

The CSA tries to track clients via their last known employer. Here is the text of the letter they send, CSA form 154, 8/96.

To:
Private and Confidential
The Personnel Manager SPECIALIST TRACE
[address
...
Date
...]

(BOLD)We need some information about an employee(end bold)

We understand the person named below is, or has recently been, employed by you. Please complete the other side of this form. You are required to give this information under the Child Support (Information, Evidence and Disclosure) Regulations 1992.
(BOLD)Do not pass this form to your employee. This form must be completed by your Personnel Department.(end bold)

Employee details
Surname
Foreneme
NI Number
Job title/Clock/Payroll number

Child Support legislation prevents the Department from disclosing to a third party either an address, or any other information which could lead to a person being located, except in specific circumstances laid down in regulations 8 to 10 of the Child Support (Information, Evidence and Disclosure) Regulations 1992.

Your cooperation in this matter is appreciated. An addressed envelope which does not require a stamp is enclosed for your reply.

[signed]
Please turn over
Form 154 8/96

(BOLD) Your reply(end bold)

Tell us the latest address you have for this person

Can we contact the person at work by
(Please tick box)

telephone
in writing
personal visit

If this person is no longer employed by you, tell us the date they left and any details of their new employer

Signature
Date
Position in firm
Business name and address/ company stamp

19.13. How does the CSA track clients' partners? (1999-07-28)

A source of information inside the CSA says they are NOT allowed to track clients' partners through electoral records, Tax or National Insurance.

But when unemployed clients get new jobs the agency finds out about them very quickly.

And newsgroup contributors report that the CSA has information which apparently came from the Inland Revenue.

19.14. Should an AP make voluntary payments before the assessment? (1999-07-28)

If the PWC is in receipt of Income Support or Family Credit and the assessment will be less than the benefit then there's no point in making voluntary payments. The "maintenance" assessment will not benefit the children, only the government. Take that as a no.

In other circumstances the answer is maybe but probably not. This is when the PWC is not in receipt of benefits (a so-called private client) or where the assessment will exceed the value of the benefits. Once the maintenance is flowing the PWC's household will be better off.

In these circumstances it is the natural reaction of a responsible AP to want to make voluntary maintenance payments while waiting for the CSA to complete the assessment.

Sadly the way the law and CSA work makes this a big gamble. They do not have to take any account of such payments and often do not. As a result the AP ends up paying twice for the same period - once voluntarily and again in arrears.

If an AP cannot bear to see the children suffer from having no voluntary maintenance then, to maximise the chance of having these payments recognised by the CSA, they should:
* Have a written agreement, signed by AP and PWC, and making clear that the payments are for child maintenance
* Have documentary evidence of the payments such as receipts or bank statements

See also "Can I claim relief on maintenance paid before the assessment date?"

19.15. Where can I find a lawyer to help? (2001-01-11)

There are few lawyers who have taken an interest in CSA matters so it is hard to find one.

The newsgroup does not exist to advertise professional services but this question is asked so often that it is worth noting the people that have been contacted via the newsgroup and who have contributed to it.

19.15.1. Bob Pape (1999-07-28)

bob.pape@virgin.net
http://listen.to/child-support-solutions.
Very helpful past contributor but now too busy providing help directly to contribute.

19.15.2. Durham Legal Services (2001-10-31)

POST.
Durham Legal Services.
PO Box 45.
Houghton-le-Spring.
Tyne & Wear.
DH 4 5 YR.

TELEPHONE.
0191 5211123 Tel.
0191 5238794 Fax.
07713498472 After Hours Mobile.

ELECTRONIC MAIL.
help@csa-advice.fsnet.co.uk

19.16. Can I tape telephone conversations with the CSA? (2001-10-31)

Technically it's quite easy. The simplest is to put a microphone close to the ear piece. If you haven't got a microphone try a pair of headphones instead. An inductive pickup is better and they are quite cheap. A Dictaphone can do the job of microphone and tape. Some answering machines can do it.

The legal position is less straightforward. Legally, you need to tell the other party you are taping the conversation, and put an audible beep on the line every 20 seconds to remind them they are being taped. Taped evidence is unlikely to be admissible in court, but can prove very powerful in 'negotiations' before court. They can also provide very accurate transcripts.

19.17. Can the CSA intercept my e-mails? (1999-07-28)

Current legislation is not specific on e-mail, but the police are treating access to email records at ISP's under the PACE rules.

They have asked many of the larger ISP's to agree to a memorandum of understanding which will mean that your ISP will give out information from your account at the request of a senior officer; that is, they will not require a Court Order.

19.18. Can the CSA get information from Banks, Pensions providers etc? (1999-07-28)

Not legally, unless you or a court authorise them.

In practice some Banks, Building Societies and Pension Companies do believe that they are legally required to answer the CSA's questions without authorisation from yourself or a court.

If in doubt, ask them for their understanding of the law and take your business elsewhere if they don't understand or if they make unauthorised disclosures. The Data Protection Registrar may also like to know.