Mandatory Reconsideration: Current Rules & Practical Safeguards
30-Day Deadline
GOV.UK says that if you disagree with a CMS decision about the amount of child maintenance, you can ask for a Mandatory Reconsideration. You must normally ask within 30 days of the date on the decision letter.
CMS complaints & appealsLate MR Requests
If the normal deadline has passed, do not assume the case is automatically over. Submit the request as soon as possible and explain why it is late. Whether a late request can be accepted depends on the applicable rules and circumstances.
Keep evidence supporting the reason for lateness where relevant.
GOV.UK MR guidanceIdentify the Exact Decision
A strong MR should identify the decision date, the part of the calculation or decision you dispute, the factual or legal error alleged, the evidence supporting your position and the outcome you want CMS to reach.
Where several issues exist — for example income, shared care and arrears — separate them into numbered grounds.
DWP MR form & guidanceBuild an Evidence Schedule
Do not rely on a large unexplained bundle. Number each document and explain what it proves. For example: “E3 – bank statement – shows payment of £X on [date]”.
This can make it easier to show whether income, shared care, payment allocation or effective-date evidence has been overlooked.
Mandatory Reconsideration Notice
The result of the review is normally set out in a Mandatory Reconsideration Notice. If you remain dissatisfied, keep that notice because it is normally required when appealing to the tribunal.
Before you appealTribunal Appeal Deadline
For England, Scotland and Wales, GOV.UK says an appeal should normally be made within one month of receiving the Mandatory Reconsideration decision. Late appeals require an explanation and may not be accepted.
Appeal to the tribunal SSCS2 Child Maintenance appeal formTribunal Is Independent of CMS
The Social Security and Child Support Tribunal is independent of the Child Maintenance Service. The tribunal considers appealable decisions after the MR stage where the statutory appeal route applies.
First-tier TribunalMR and Complaint Are Different
Mandatory Reconsideration challenges an eligible CMS decision. A complaint is generally for service problems such as delay, poor communication, failure to follow procedure or other maladministration.
Using a complaints process does not necessarily protect an MR or tribunal deadline.
Check the correct routeRequest the Records Behind the Decision
If you need the information DWP holds about your CMS case, a Subject Access Request can help you obtain personal information, including CMS account information and relevant case records.
DWP Subject Access RequestCorrect Inaccurate Personal Data
Article 16 UK GDPR gives individuals a right to have inaccurate personal data rectified. This can be important where a factual CMS record is wrong.
A rectification request is separate from an MR or appeal against the legal merits of the maintenance decision.
ICO: right to rectificationBuild a Strong Mandatory Reconsideration Pack
A clear structure can make the disputed issues and supporting evidence easier to follow.
Suggested MR Structure
Decision challenged: [date / reference]
Ground 1: [what is wrong]
Evidence: [documents and what they prove]
Ground 2: [what is wrong]
Evidence: [documents and what they prove]
Requested outcome: [the correction you say should be made]
Attachments: E1, E2, E3…
Important: Do Not Let a Complaint Replace an Appeal Deadline
If you disagree with the legal decision itself, check the MR and appeal deadline even if you are also making a complaint about service failures or evidence handling. A complaint, SAR or data-correction request is not automatically a substitute for the statutory decision-challenge route.
Official MR, Appeal & Accountability Sources
Mandatory Reconsiderations
The detailed material below preserves the content supplied for this page.
Mandatory Reconsiderations
A Mandatory Reconsideration (MR) is often the first formal step available when a parent disagrees with a decision made by the Child Maintenance Service (CMS).
Mandatory Reconsiderations are an important safeguard within the child maintenance system. They allow CMS to review a decision before a matter progresses to an independent tribunal.
For many parents, particularly Paying Parents, Mandatory Reconsiderations can be crucial where concerns exist regarding:
- Incorrect maintenance calculations
- Disputed arrears
- Shared care arrangements
- Income assessments
- Relevant other children
- Effective dates
- Missing payments
- Evidence allegedly ignored
- Administrative errors
A Mandatory Reconsideration provides an opportunity to challenge decisions and submit further evidence.
What Is A Mandatory Reconsideration?
A Mandatory Reconsideration is a formal review of a CMS decision.
The review is normally carried out by CMS and involves:
- Examining the original decision
- Reviewing evidence provided
- Considering additional evidence
- Checking whether legislation and regulations were applied correctly
- Deciding whether the original decision should remain unchanged or be revised
In many cases, a Mandatory Reconsideration must be completed before an appeal can be made to an independent tribunal.
Why Mandatory Reconsiderations Matter
A successful Mandatory Reconsideration can result in:
- Incorrect decisions being changed
- Arrears being reduced or removed
- Shared care corrections
- Income corrections
- Effective date changes
- Administrative errors being corrected
It is often easier to resolve an issue during Mandatory Reconsideration than at a later stage.
Decisions That May Be Challenged
Examples may include:
Maintenance Calculations
Disputes about how maintenance has been calculated.
Income Assessments
Incorrect earnings information being used.
Shared Care Decisions
Disagreements regarding overnight stays or care arrangements.
Relevant Other Children
Children living in the Paying Parent's household not being considered correctly.
Arrears Calculations
Disputed debt or alleged missed payments.
Effective Dates
Concerns regarding when liability started or changed.
Changes Of Circumstances
Changes not being reflected properly.
Common Reasons For Challenging A Decision
Parents frequently request Mandatory Reconsiderations because they believe:
- CMS used incorrect income figures.
- Shared care evidence was not considered.
- Payments have not been credited correctly.
- Arrears have been calculated incorrectly.
- Relevant other children were overlooked.
- Changes of circumstances were not processed.
- Evidence has been ignored.
- Administrative errors occurred.
Time Limits
Mandatory Reconsiderations should normally be requested as soon as possible after receiving the decision.
Time limits may apply depending on the type of decision involved.
If a request is made outside normal time limits, CMS may still consider the circumstances, but acceptance is not guaranteed.
Parents should not delay.
Where possible:
- Submit requests promptly.
- Keep copies of submissions.
- Record dates carefully.
How To Request A Mandatory Reconsideration
A request should clearly explain:
The Decision Being Challenged
Identify the decision and date.
Why You Disagree
Explain what you believe is wrong.
What Outcome You Seek
Describe what you believe should be corrected.
Supporting Evidence
Include all available evidence.
Evidence Required
Strong evidence significantly improves the quality of any challenge.
Useful evidence may include:
Income Evidence
- Payslips
- Payroll records
- Employer letters
- Tax returns
- Pension contribution records
Payment Evidence
- Bank statements
- Standing order records
- Payment confirmations
- Screenshots
Shared Care Evidence
- Child Arrangements Orders
- Parenting plans
- School records
- Parenting app records
- Communication records
Household Evidence
- Birth certificates
- Benefit records
- Household information
- Evidence of relevant other children
Correspondence
- CMS letters
- Emails
- Complaint responses
Evidence Standards
Good decision-making should be evidence-based.
Relevant evidence should:
- Be reviewed fairly
- Be considered objectively
- Be recorded appropriately
- Be explained if rejected
Parents should not simply be told that a decision remains unchanged without understanding why.
Advanced Claimant Protection
Parents have important rights when challenging decisions.
Right To Fair Treatment
Public authorities should act fairly and reasonably.
Right To Be Heard
Relevant evidence should be considered.
Right To Understand Decisions
Parents should understand how conclusions were reached.
Right To Challenge Decisions
Review and appeal routes should be available.
Right To Accurate Records
Records should be capable of correction.
Right To Accountability
Government departments remain accountable for mistakes.
What If CMS Appears To Ignore Evidence?
This is one of the most common concerns raised by Paying Parents.
If evidence appears to have been overlooked:
Ask Specifically
Request clarification:
- What evidence was reviewed?
- What evidence was rejected?
- Why was it rejected?
Resubmit Important Evidence
Provide copies again where necessary.
Create An Evidence Index
List every document submitted and the date provided.
Keep Proof Of Submission
Retain:
- Emails
- Screenshots
- Postal receipts
- Recorded delivery records
The Review Process
During a Mandatory Reconsideration CMS may:
Review The Original Decision
Check whether it was made correctly.
Consider Additional Evidence
Review any new information submitted.
Seek Further Information
Request additional evidence if required.
Issue A New Decision
Either:
- Confirm the original decision; or
- Revise the decision.
Possible Outcomes
A Mandatory Reconsideration may result in:
No Change
CMS agrees with the original decision.
Partial Change
Some aspects are amended.
Full Revision
The decision is changed significantly.
If You Still Disagree
If you remain dissatisfied after the Mandatory Reconsideration:
Independent Tribunal Appeal
Certain decisions can be appealed to the Social Security and Child Support Tribunal.
Tribunals are independent of CMS.
Complaints Process
Where concerns relate to:
- Delays
- Service failures
- Poor communication
- Maladministration
Independent Case Examiner (ICE)
For eligible unresolved complaints.
Parliamentary And Health Service Ombudsman
For complaints referred through an MP after complaint procedures are exhausted.
Protecting Yourself During The Process
Good practice includes:
Keep An Evidence File
Store all documents together.
Keep A Timeline
Record:
- Decision dates
- Submission dates
- Telephone calls
- Responses received
Request Written Responses
Written records are often easier to rely upon later.
Check Every Decision Carefully
Do not assume decisions are automatically correct.
Data Protection Rights
Parents may have rights to:
Request Information Held
Through a Subject Access Request (SAR).
Correct Inaccurate Records
Where information is wrong.
Challenge Data Accuracy
Where records affect decision-making.
Relevant Legislation
Key legislation includes:
- Child Support Act 1991
- Child Maintenance and Other Payments Act 2008
- Child Support Maintenance Calculation Regulations
- Human Rights Act 1998
- Data Protection Act 2018
- UK GDPR
These legal frameworks support fairness, transparency, evidence-based decision-making, and accountability.
Accountability And Oversight
CMS remains accountable to:
- Independent Tribunals
- Courts
Independent Case Examiner (ICE)
- Parliamentary and Health Service Ombudsman
- Information Commissioner's Office (ICO)
- Parliament
These bodies provide additional safeguards where concerns arise regarding evidence handling, maladministration, record accuracy, or procedural fairness.
Useful Government Resources
Child Maintenance Service
Open official / referenced resource ↗
Disagreements, Mandatory Reconsiderations & Appeals
Open official / referenced resource ↗
Appeal A Child Maintenance Decision
Open official / referenced resource ↗
CMS Complaints Procedure
Open official / referenced resource ↗
Independent Case Examiner
Open official / referenced resource ↗
Information Commissioner's Office
Open official / referenced resource ↗
Mandatory Reconsideration Checklist
- Identify the decision being challenged
- Explain clearly why you disagree
- Submit supporting evidence
- Keep copies of everything
- Record dates and deadlines
- Request explanations where evidence appears ignored
- Keep proof of submission
- Review the reconsideration outcome carefully
- Consider appeal rights if necessary
- Never assume the original decision cannot be changed
Key Message
Mandatory Reconsiderations are an important protection within the child maintenance system and provide an opportunity to challenge decisions before proceeding to an independent tribunal. Parents have the right to submit evidence, request explanations, and seek correction of errors.
For Paying Parents in particular, strong evidence, organised records, and clear explanations of disputed issues can be crucial when challenging incorrect income assessments, shared care decisions, disputed arrears, or situations where evidence appears to have been overlooked. Fairness, transparency, accountability, and evidence-based decision-making should remain central to every review.
Right First Time UK
Fair Decisions. Public Money. Real Accountability.