Your services are no longer required – Is it time for Tom McCormack – Director of the CMS, to go?

In any normal commercial private sector organisation it is a generally accepted principle that if you do a bad job you will be reprimanded. If you continue to do a bad job then you will be made redundant or unceremoniously fired. At this point and before reading any further, we would invite you review the following organisational chart for the Child Maintenance Service: CMS Organisational Chart

Some background – The Child Support Agency (CSA)

The old Child Support Agency (CSA) was plagued with issues and derided widely as a complete and abject failure. It did not serve the children it purported to support and it certainly did not provide value for money to the taxpayer. When the announcement to shut the CSA was made, it had a backlog of 330,000 child maintenance cases and took an average of 26 weeks (6 months) to process a claim. 14% of the claims took over 12 months to go through the system.

Typically, this dismal failure was not attributed to anyone in particular. Instead, the government decided it would be better to “blame” the £462mln computer system used to process CSA claims.

The Government announced in 2008 that the CSA would be replaced. The latest iteration is the “Child Maintenance Service” (or “CMS” for short) and was launched in 2012. It is now not possible to open a CSA case and all new cases are opened with the CMS under a different set of rules to that which the CSA had to apply.

Changing the name above the door

So, what is different about the CMS when you compare it to the CSA? Well, we’ve already acknowledged that the legislative basis under which it operates is different. The calculation has been simplified to look at gross income rather than the old system of using net income (which was viewed as easily manipulated). The variations regime continues to exist (although this has arguably been simplified also) and the much maligned computer system has a sibling in the form of a newer shinier system (which incidentally can’t pull data automatically from the legacy CSA systems).

What about the people?

Many of the problems stemming from the CSA can likely be traced back to human error. The DWP themselves have acknowledged that a major source of complaints was their handling of  areas where their staff had discretion to make decisions outside of the basic calculation. We will continue to examine these in detail elsewhere on these pages but for now let’s be clear, these can be traced back to decisions made by staff working at the CSA.

So, did they re-train incumbent staff or hire new people and train them from scratch? In short, no they didn’t, the staff are exactly the same people working out of the same offices and making very similar mistakes to those they made when they worked under the sign that said “CSA”. Thus, arrears continue to grow, “clients” continue to be dissatisfied and MP’s tinker around the edges of a system that everyone who has taken even a cursory look at the organisation can see is that this is the DWP version of “The Emperors New Clothes”. Essentially, MP’s and the DWP are exercising a stunning level of pluralistic ignorance leaving the children and their parents to suffer the consequences.

Who is to blame for the mess?

Parliament and successive members of both the Commons and the Lords have either been neglectful or turned a blind eye to the problems in the legislation. We will deal with these in the near future but for now, we want to examine who is responsible for the maladministration within the CMS.

For this, the blame lies squarely at the feet of a man called Tom McCormack (The Child Maintenance Group Director at the DWP). Mr Mccormack is ultimately responsible for the actions of those under him (which includes all the caseworkers, team leaders and other support staff working within the Child Maintenance Group).  Mr McCormack’s LinkedIn profile shows a brief career history:

  • Child Maintenance Director, Child Maintenance Group, DWP, 2015 – Present (2 Years)
  • Change Director, Child Maintenance Group, DWP, 2014 – 2015 (1 Years)
  • Programme Delivery Director, DWP, 2011 – 2014 (3 Years)
  • Central Operations Director, Child Maintenance Enforcement Commission, 2010  -2011 (1 Year)

So, here we have a man who has worked for the last 7 years (at least) for the CSA and, more recently for the Child Maintenance Service.

In an article in 2014 he gave an interview to the online magazine, “Civil Service World” where the title was “How did you….improve child maintenance?“. Some quotes from that article make interesting reading and sound (to our ears at least) like self aggrandizing nonsense.

The new system assesses 95% of new claims accurately. The target is 97%, but they’re nearly there

On the face of it, this sounds like an organisation doing well. Let’s put it into context:

According to McCormack’s evidence to the Work and Pensions Select Committee in December 2016 :

In total, there is just over 90,000 cases on the Child Maintenance Service with arrears

Tom McCormack, December 2016

According to the latest Statistics published on the 2012 scheme the Child Maintenance Service had a caseload of 346,900 cases (+7% on March 2017). So, what about arrears?

cumulative Total Maintenance Liability for Collect and Pay was £288 million and the Total Maintenance Arrears (orange area) stood at £133 million across 128,600 Paying Parents

CMS Quarterly Statistics, August 2017

Well done Tom, you’ve presided over a 42% increase in number of cases with arrears in the past 6 months.

What about accuracy of the calculation? Well, remember in that article where Tom said proudly in 2014 that his Department was “almost there” with respect to accuracy (with the level at 95% and a target of 97%)? During the month of June 2017, in month accuracy stood at 89%. So, Tom has presided over a 6.7% drop in accuracy of assessments (between when he spoke in 2014 and June 2017).

Perhaps more worryingly 11% of cases have an inaccurate assessment. This represents 38,159 cases with calculations that are wrong! Despite this shocking figure, only 245 complaints were received by the CMS that month. It would appear that people are unaware that the calculations are incorrect. Just imagine if the bank got your mortgage payment right 89% of the time……..

We at the Voice of the Child think these figures demonstrate a department that is out of control. Their ambivalence towards receiving parents coupled with their aggressive, heavy handed actions with paying parents do not improve the parental relationship. Add to this that there are a huge number of cases with an incorrect figure being charged and we have to ask the following question;

Why is more not being done to fix this shambolic state of affairs? 

We think it’s about time that Mr McCormack was held to account for his stewardship of the CMS. In any other organisation, he would have been let go long before things got this bad. What is even more galling is that in order to “deliver” this terrible service he is paid a princely sum. According to data on DWP Senior Roles and Salaries available here he has a pay “floor” of £90,000 and an ceiling of £94,999. He had a total cost of “reports” i.e. the cumulative salaries of everyone under him of £4,792,557.21 with the total cost of the CMS being in the region of £114mln. We need someone who can deliver for the children and the taxpayer.

Join us in calling for Tom McCormack’s removal from his post. Write to your MP, let them know what you think; that your children, and yourselves, deserve better. 

Don’t let the door hit you on the way out Tom…..

Is your case one of the 38,159 with an incorrect calculation?

Elsewhere on these pages you will find guidance on how to establish whether the calculation is correct along with a pro forma letter to send to the CMS to get the ball rolling on fixing your case.

 

Let us know what you think in the comments…..

In a Family Law system designed for combative parents there is no real allowance for the views of children and any understanding of how Family Law ultimately impacts on children most of all.

We speak for the children in Family Law so that, finally, the children have a voice.

  1. Tony on 14th February 2018 at 8:15 AM

    I have sent a letter to mccormack via my local MP. Asking why an affordability exam is not done. I have sent back statements and wage slips showing the higher amount is not affordable im paying it on a credit card. They continue to hound me and after 10 plus calls i have made to them – “theres no notes on our system ” its a joke how do i fight this and take legal action ? The staff tell me they cant make sense of my calculations but I MUST PAY?



  2. Nin on 4th May 2018 at 12:00 PM

    Is the % at 87% omg that’s very high considering the complete and utter shambles they’ve made of my partners case. He IS a paying parent but his ex wants more…. They assessed him 6 times in 1 day and sent a plethora of letters 3 days later with 6 different amounts he has to pay ranging from 50 -150 a month!
    If any company needs bringing to halt then this is one of them, the CSA were bad the CMS is well words surpass me! Time for a massive shake up me thinks.



  3. Mark Banning on 11th June 2018 at 11:31 AM

    CMS is a total joke aswell, my ex made a false fraudulent claim against me, which i proved was false, but they still made me pay £103.77 a week, it took 7weeks to prove it. I manage to get back 3 weeks but still fighting for the other 4weeks, the case was closed down but now they are saying i owe 1 month missed payments for May this year and also June, which needs to be pay in 2weeks. With no payment plan sent to me by CSA, They admitted it was there fault but i still have to pay…….disgrace



  4. Adam Powell on 30th June 2018 at 9:06 AM

    CMS hit me with a mandatory reconsideration based on ‘unearned income’ of which proof they state in writing to have come from HMRC. HMRC have no such proof because there is none. Now they are demanding a 23% increase with arrears going back 5 years with threats of collect and pay. I contested it, they ignored my evidence. They claim they have re-considered and still find themselves correct and give me 1 month to bring my case to a Tribunal. I asked for a full audit of my case over a month ago in order to present it as evidence, and I have not received even an acknowledgement. I complained to my MP who has been fobbed off with a standard response.
    How is this not fraud?
    Am I to take the government to court? Can nobody hep me?



  5. Claire Jules on 2nd August 2018 at 12:40 PM

    Sounds nothing new. My partner has had the same thing for 20 years. we are still waiting to get a refund on overpaid maintenance that was overlooked. I thought I had 7k of arrears but after somebody looking at my case and chasing the department to make long overdue changes to my case it was revealed that I had no arrears and owed 8k in overpayments. I am still trying to get my money back!!!!!!. They are now referring my case to a director who makes the decision as to if I get the refund. Before it even gets referred to him the case has to be checked from the beginning. Its all a joke. Ive waited since April when I was told I overpaid and they are still preparing the email to the director!!!!!!.



  6. Mr unhappy on 29th August 2018 at 2:16 PM

    Disgrace of the CMS. I have been trying to sort out many many problems caused by the CMS since February 2017!

    I am a separated and divorcd father of 3 (1 child from previous relationship) and my ex wife forced this upon me even though I have never missed a payment or ever threatened not not pay. She is doing it out of spite.

    Lack of call backs, no notes being captured (via telephone or the customer portal and they have admitted it) not actioning any changes of circumastances despite my best efforts to update them along the way, incorrect calculations due to lack of implimentation of the reported changes. No payment schedules and I only found out what I am supposed to be paying through the ex partner. they still cannot tell me what my regular payments should be.

    This whole fiasco almost made me homeless but still they go on unnacountable until recently where I will not let this go now until the bitter end. I must defend myself and I am now seeking a substantial amount of compensation from them.

    I have provided proof of postage on 3 separate letters sent to date and according to their last letter where they admit errors they are only offering me £50 in compensation. It is a disgrace. I have spent more than that on phone calls and postage in getting this far alone.

    My next letter will go to the Director General and depending on that response I will then visit my local MP and then eat my way up the food chain via the head of DWP and then on to the Prime Minister. I will not let it go regardless.

    This is of course all down to the gracious ex wife who continues her claim simply because she can despite there being absolutley no reason in which to do so other than to be difficult.

    Once I have fully dealt with the CMS I will turn my attention to her and for the 5th time urge her to get rid of these lazy good for nothing useless imbeciles.

    If you do not defend your liberty and finances NO ONE ELSE WILL.



  7. Mike Yuill on 12th September 2018 at 11:33 AM

    So, I’m 3 months into a dispute over the sum of money the CMS claim the DWP advised I earned in the past tax year – which equates to approximately £14,500 TOO MUCH. I’ve just been cut off yet again by a call handler after being placed on hold. It was simple enough for them to register my new daughter (permanent dependent) yet it seems impossible for them to get on to the DWP to get the correct sum of money I earned. I’ve sent my P60, a share sale certificate, the past 3 months’ wage slips to PROVE my salary yet still the case remains “open”. My annual review has been and gone and, by quick maths, I have paid £65 higher than what I should be. And somehow arrears have more than doubled (NOTE – FROM THE STANDARD 1-MONTH ARREARS THEY ALWAYS CARRY, a CMS case handler advised me of this) in the space of 6 weeks. This is not an act of spite against my ex-partner, it is merely proving that the information they receive is fundamentally flawed on a consistent basis. It appears the DWP has taken into account either:

    1 – A personal loan I have taken out (which does not apply to income to calculate maintenance payments),
    2 – My current co-habiting partner’s earnings for the previous tax (again, as above, do not apply to CMS payments).

    Mr McCormack, you are in the ivory tower of a facility that is literally falling down around you – please wake up and realise that this country will never be able to succeed if even the basis of duties and calculations cannot be done. You fool.



  8. Mark on 12th September 2018 at 10:32 PM

    Disgusting organisation with imbeciles at the end of every call. I am a non UK resident for tax purposes, and as such am assessed as having zero taxable income. Even under CMS own guidance notes, NRP’s that reside outside the UK can’t be dealt with by CMS. So 2 months after the case was opened I was informed by them it was closed. When they informed my ex, she told them that I was living and working in the UK for a company ‘up north’ and I was seeing my daughter regularly!!!
    I forwarded, from Libya, North Africa, copies of passports, residency visa’s, contracts and even a CAFCASS interview statement in which the Ex admitted that I worked abroad and that I hadnt seen my daughter since Feb 2014! What have CMS done? Taken her word for it, with absolutely no evidence.
    I have had 7 case workers in 11 months, 4 of which have agreed that the case should be closed, but no-one ever does, they just pass it to the next clown across the room so that I have to explain, again, in slow speech so that they can understand, the whole case from the start. Then today I find out, they have taken £2165 from my bank account, completely unlawfully and outside their own legislation guidelines. When I rang to speak to the 8th case worker today, she advised me that they have sent me letters to my correspondence address in UK. I live and work in F**king Libya you imbeciles!!!!!!
    Emailed MP, and Tom McCormack today but not holding my breath so I’m actively looking for anyone who knows of a good solicitor that deals with this corrupt agency….I would say organisation but they couldn’t organise a good time in a brothel.



  9. Ruth paveley on 21st September 2018 at 3:34 PM

    Husband was out of work they want p45 but new company had it , sent letters to wrong address will not hand over pr bank details slapped on deo on agency job then again on new job. It’s an absolute joke rude on the phone no help at all take what they like use wrong tax years and don not care if you are forced to give up work because your now unable to live



  10. S. Middleton on 5th October 2018 at 9:38 PM

    No wonder so many men feel that suicide is their only option with CMS. Nobody is willing to hear the NRP issues about fictitious arrears or how DOE will leave them and their family in poverty. Why is there not a fairer system?



  11. M Tierney on 9th October 2018 at 12:32 PM

    Record all calls yourselves , you are legally entitled despite what they may tell you .
    Refer the case to tribunal .
    Don’t waste time on phone calls to them , put everything in writing .
    Take out a private prosecution against the head of the CMS , whoever that may be at the time .
    They have overall responsibility for all at CMS



  12. Matt on 10th October 2018 at 3:49 PM

    This way that CMS is run is an abohrence to the Rule of Law and any civil society. It’s a lawless organisation that thrives in illegalities. It tears families apart, create false economy and dependence on welfare, pitch citizens against each other and the law, force people out of work, force people to take matters into their own hands and destroys the fabrics of society. An extremely incompetent organisation with dishonest and vindictive workers, who hides under their desk and feels good about harassing lawful citizens. It is not fit for purpose. The problems is right from the top to the bottom of the organisation. It’s clueless!

    I have been forced to take loans to pay support being push into debt, when I do not owe any arrears for a child prevented by ex from meeting his dad. What a pathetic system, when you have to repeat yourself to different case workers and there’s no coherent actions.



  13. Matt on 10th October 2018 at 3:52 PM

    The way that CMS is run is an abohrence to the Rule of Law and any civil society. It’s a lawless organisation that thrives in illegalities. It tears families apart, create false economy and dependence on welfare, pitch citizens against each other and the law, force people out of work, force people to take matters into their own hands and destroys the fabrics of society. An extremely incompetent organisation with dishonest and vindictive workers, who hides under their desk and feels good about harassing lawful citizens. It is not fit for purpose. The problems is right from the top to the bottom of the organisation. It’s clueless!

    I have been forced to take loans to pay support and being pushed into debt, when I do not owe any arrears for a child prevented by ex from meeting his dad. What a pathetic system, when you have to repeat yourself to different case workers and there’s no coherent actions.



  14. Timothy Burrough on 14th November 2018 at 6:53 AM

    I too, have been a target of False arrears and stripped of the right to fight for my child due to insane CSA/CMS charges
    50/50 parental responsibility should be made law, as the CMS as were the CSA are all against the NRP and have no concern
    For the child……..



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