Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment her Department has made of the adequacy of the accessibility of the appeals process for deduction orders.

The Child Maintenance Service (CMS) takes the accessibility of the appeals process for Regular Deduction Order (RDO) or Lump Sum deduction Order (LSDO) seriously.

Guidance on how to appeal the deduction order is enclosed with the final lump sum deduction order letter when it is sent to the paying parent. The guidance clearly points out the time limits associated with an appeal.

The Family Court rules determine the 21 days afforded to appeal a deduction order is absolute. Neither CMS nor the courts have the power to extend the period to appeal beyond 21 Days.

The Judicial Review Team is aware that the Family Courts in England and Wales are experiencing unprecedented demand for their services and as such there is a delay in responding to customers’ deduction order appeals. To mitigate matters for the customer, measures have been put in place to hold the secured funds with the deposit taker for longer provided the customer can provide evidence the appeal was filed in the court within the 21-day appeal window.

The Judicial Review Team do investigate the lawfulness of the application of the deduction order. If errors are identified, action is taken to remedy those errors. This may involve reducing the amount of the sums frozen or discharging the funds completely. However, if the deduction order is lawful the Judicial Review Team will mount a defence to the appeal instructing a solicitor from the Government Legal Department to assist. Appeals are determined by a District Judge sitting in the Family Court.