STOPSuicides UK wrote to CMS/DWP Ministers and MPs:
To: Child Maintenance Service (CMS) (SIMON HUNTER) (DWP OPERATIONS)
Subject: Urgent – Evidence Upload Portal Failure, Safeguarding of Evidence & Risk of Unlawful Enforcement
Dear Sir / Madam,
We write on behalf of multiple paying parents who are currently experiencing repeated and systemic failures of the Child Maintenance Service (CMS) online portal in relation to the submission of evidence. These failures are not isolated incidents, but a recurring problem affecting multiple cases across the UK and spanning several years.
This issue has severe consequences for:
- the fairness of case decision-making
- the accuracy of arrears calculations
- the safety and wellbeing of paying parents
- and the risk of unlawful enforcement action
1. Summary of Evidence Portal Failures
We have collected multiple case examples demonstrating a consistent pattern of failure. The cases below are anonymised but can be backed up with the original case records held by CMS and STOPS UK.
Case Example A – Portal Upload Failure and Rejection of Evidence
- CMS requested complex evidence with a strict deadline.
- The paying parent made multiple attempts to upload evidence, but the portal failed and displayed error messages.
- CMS staff confirmed that uploads were arriving blank on their end.
- Despite this, CMS rejected the evidence request for “no evidence provided” and continued to issue enforcement threats.
- Partial evidence (e.g., medical evidence) was acknowledged by CMS, yet the overall request was treated as unfulfilled.
Core failure: Portal prevented compliance, CMS treated the failure as non-compliance.
Case Example B – Portal Restriction Preventing Evidence Submission
- The paying parent was preparing for a scheduled CMS call relating to disputed arrears.
- They were informed by CMS that evidence can only be submitted if a “change” request is active.
- As a result, the paying parent was unable to upload evidence relevant to an ongoing complaint or dispute.
Core failure: Portal design restricts evidence submission to “change” events only, preventing proper dispute resolution.
Case Example C – Written Request for Evidence, But No Upload Functionality
- CMS issued a written request for Direct Pay evidence and instructed the paying parent to upload the documents.
- When the parent attempted to upload via My Child Maintenance Case, the portal displayed a message indicating no tasks or upload options available.
- No option to attach documents was provided, despite the explicit written request.
- Evidence was therefore submitted via email, with the parent documenting the portal failure in the response.
Core failure: CMS issued a formal request, but the portal did not allow compliance through the official channel.
2. Key Issues and Risks Identified
A. Portal fails to enable evidence upload despite explicit written request
This is a fundamental failure of the CMS system and undermines due process.
B. Evidence is not safeguarded or properly recorded
Evidence submitted by email due to portal failure has no reliable mechanism to:
- record the submission date
- link evidence to the correct case
- ensure evidence is considered by the correct caseworker
- prevent later assertions that evidence was “not provided”
C. CMS is effectively blocking evidence submission for dispute cases
Cases are being prevented from submitting evidence unless CMS activates a “change” request, which is arbitrary and inconsistent with fair administrative process.
D. Risk of unlawful enforcement action
CMS may take enforcement action (including legal threats and deductions) on the basis of “no evidence uploaded”, despite the failure being systemic and known to CMS. This places paying parents at severe financial and emotional risk.
3. Safeguarding and Compliance Demands
We require CMS to immediately take the following actions:
- Acknowledge the portal failure as a systemic issue and record it on every affected case as “IT failure preventing evidence submission”.
- Suspend any enforcement action on cases where evidence cannot be uploaded due to CMS portal failure.
- Implement an alternative evidence submission pathway that is secure, trackable, and consistently acknowledged (e.g., secure email upload, caseworker upload, or temporary portal workaround).
- Provide a clear audit trail for all evidence submitted outside the portal, including:
- date/time received
- evidence type
- case reference
- confirmation of receipt
- Provide written confirmation that evidence submitted outside the portal will be treated as valid and will be included in the case review.
- Confirm that no fees, penalties or enforcement action will be applied where evidence cannot be submitted through the portal.
4. STOPS UK Position and Concern
STOPS UK has identified multiple cases over several years where the CMS portal has failed to accept evidence. The organisation has observed repeated patterns of:
- incorrect arrears calculations
- delayed recognition of direct payments
- unjustified enforcement action
- and systemic failure to allow evidence submission
These failures are contributing to severe mental harm, financial hardship, and in some cases, significant risk of self-harm.
We therefore request urgent intervention and a formal internal review of the CMS evidence submission process.
5. Immediate Next Steps Required
We request that CMS provides a written response within 7 days, addressing:
- Confirmation of the systemic portal failure and the steps being taken to fix it.
- Confirmation that all affected cases will have enforcement action suspended until the evidence submission issue is resolved.
- Confirmation of an interim evidence submission process and a mechanism for secure evidence safeguarding.
- Confirmation that CMS will issue a formal notice to all paying parents advising them of the portal failure and alternative submission options.
Failure to respond or to act will result in further escalation, including:
- referral to the Independent Case Examiner (ICE)
- formal complaints to the Parliamentary and Health Service Ombudsman
- and publication of systemic failure evidence via STOPS UK
We await your urgent response.
Yours faithfully,
On Behalf of STOPS Suicides UK (NON-FUNDED Campaign Group)
M: 07484 187007
Viscount Younger of Leckie: to UK Parliamentary Select Committee January 18th 2023
Ref the UK Child Maintenance Service.
“Could I just say that being new into the department, I am already aware, having seen some correspondence, that I’ve had to sort of look at and sign off, on some absolutely tragic cases and I think it’s absolutely appalling that this can, or cases can lead to people taking their own lives. I mean that’s absolutely dreadful and we must look at all ways in which we can avoid that or have systems, processes which do not lead to that…”
Leave a Reply