Before the hearing. 10.2.1 The Tribunals Service will register appeals within 2 working days of receiving the papers.
10.2.2 Where the Tribunals Service becomes aware that the appellant, or another party to the proceedings, has a representative, they will notify the Child Support Agency of this within 2 working days of receiving the information.
10.2.3 When there is a referral to the Tribunals Service to consider whether an appeal is duly made, out of time or out of jurisdiction, a decision will be issued within 2 weeks of receipt. A copy of the decision will be sent to each party to the proceedings. When the 2-week deadline cannot be met, the Tribunals Service will advise the Child Support Agency of the reasons for the delay and when a decision can be expected.
10.2.4 The Tribunals Service will notify the Child Support Agency within 2 working days where: • A case is struck out following failure to respond to the form ‘TAS1’, • Notification is received of an appeal being withdrawn, or • A case is reinstated following a decision to strike it out.
10.2.5 Appeals will be listed for a hearing with the average waiting time for the first hearing being no more than 14 weeks. The average time between the Tribunals Service receiving the appeal papers and notifying the decision should be no more than 19 weeks. (See Schedule 4) Listing will follow Tribunals Service guidance taking account of the ‘first in, first out’ principle, unless there are good administrative or judicial reasons for doing otherwise, such as; needing to keep cases of a similar type together, assigning a case to a venue most convenient to one of the parties, delaying cases for further evidence or cases requiring further evidence.
10.2.6 The Tribunals Service will give at least 4 weeks notice of the name, reference number, time, date and venue of tribunal, enabling the Child Support Agency to arrange for a presenting officer to attend, (see paragraph 11.4.3.).
10.2.7 The needs of presenting officers will be taken into account when arranging tribunal hearings. This will include listing child support appeals in 1 session, wherever possible, and consecutively where a presenting officer is to attend.
10.2.8 All further evidence received by the Tribunals Service will be copied to the Child Support Agency’s Central Appeals Unit, and to the presenting officer where they are named on form ‘AT37’ where the case is listed, within 2 working days (any potentially harmful evidence being highlighted). Where confidentiality has been...
Before the hearing. 11.2.1 The Child Support Agency will consider all appeals and where a submission is required will provide a quality product. Submissions will, on average, be issued within 10 weeks of receipt of the appeal
11.2.2 Before writing submissions, the Child Support Agency will issue confidentiality questionnaires to the appellant and respondent, allowing either party to request that their information be kept confidential – if the other party does not know their whereabouts and that information might reasonably lead to that other party learning their whereabouts (allowing 14 days to respond). This will not apply to reduced benefit direction cases, where only 1 party is involved.
11.2.3 The Child Support Agency will issue copies of the submission to the Tribunals Service, the appellant and respondent (and where appropriate the presenting officer and any representatives). Submissions (in A4 format) will include all relevant documentary evidence. Pages will be numbered clearly and the copies will be clear enough to duplicate. The appellant’s, respondent’s or representative’s copy will be edited if confidentiality has been requested or potentially harmful medical evidence has been identified. The Child Support Agency will provide the Tribunals Service with 2 copies; 1 unedited and 1 edited; ensuring that confidential and/or potentially harmful medical evidence is highlighted.
11.2.4 The Child Support Agency will send the appellant and respondent (by first class post) the relevant pre-hearing enquiry form (‘TAS1’ / ‘TAS1R’) with the appeal submission. The Tribunals Service will provide first class business reply envelopes (or overseas equivalent i.e. un-franked envelopes).
11.2.5 The Child Support Agency will send form ‘AT37’ to the Tribunals Service with the appeal submission. The ‘AT37’ should provide all the information needed to allow the Tribunals Service to provide the best possible service to each customer, including: (This list is not exhaustive) • Complex cases (using the ‘notes’ box), • The date the submission was actually issued to the appellant • Any known potentially violent ‘PV’ markings, • Any known special needs or requirements such as limited mobility, wheelchair access required, sight or hearing impairments, or learning difficulties, • Whether an interpreter is required as English is not the appellant’s first language, • Cases where the Child Support Agency considers that an expert witness would be desirable, • Cases that contain information that shou...
