Office of the Commissioner
PO Box 61791
London
SW1P 9NT
E [email address]
W www.childmaintenance.org
Mr Gareth Davies
Ref: VTR 1298
[FOI #14079 email]
Date: 12 October 2009
Dear Mr Davies,
Thank you for your Freedom of Information request dated 4 July 2009. Your request
has been considered under the terms of the Freedom of Information Act 2000
(FOIA). Please accept our apologies for the delay in replying. Please find below a
copy of your request together with a corresponding response.
Request
In order to enable me to make an independent assessment of the causes of
complaints against CSA / CMEC I would be grateful if you would forward to me;
Q1. Any guidance prepared (within the last three years) for managers of CSA debt
enforcement teams (or teams of CSA staff charged with collecting arrears) as to
appropriate key performance indicators to be used for assessing their team's
performance.
Q2. Any guidance provided (within the last three years) to managers of CSA debt
enforcement teams (or teams of CSA staff charged with collecting arrears) as to
appropriate key performance indicators to be used for assessing the performance of
individual team members.
Q3. Any guidance provided (within the last three years) to managers of CSA debt
enforcement teams (or teams of CSA staff charged with collecting arrears) as to
appropriate reasons for instituting individual performance improvement plans with
individual team members.
Q4. The definitions of all key performance indicators currently used with CSA debt
enforcement teams or teams of CSA staff charged with collecting arrears.
Q5. The numbers of CSA staff disciplined as a result of a finding of
maladministration against them for each of the last five years.
Response
To support day to day Performance Management we operate a Performance and
Development System which applies to all employees across the business as a whole.
This involves setting clear work objectives and the discussion of competencies
appropriate to the level an individual is working. The process includes agreeing learning
and development needs between the individual and their line manager resulting in a
Personal Development Plan being produced. Continuous feedback takes place
throughout the reporting period.
Managers are expected to have day to day involvement in performance, which includes
ensuring their people receive training and coaching, enabling them to deliver the level of
service clients should expect. Managers are also expected to tackle poor performance
as this weakens the ability of the Commission to serve the public.
Other than the Performance and Development system no specific guidance has been
distributed to Debt Enforcement Teams to assess the performance of individuals or
teams. However, I have included some information below which is reflected in an
individuals key work objectives, competencies and performance reporting.
September 2008:
• Team Leaders will use Voice Recording to confirm debt negotiations have been
undertaken appropriately during non-resident parent telephone contact including
the use of Caseworker Online;
• Team Leaders will examine Payment Arrangement Guide sheets for every
agreement and/or arrangement made to ensure the Debt Steer has been applied
and will randomly cross reference using the Voice Recording process above and
Task 567s to ensure Preferred Methods of Collection are being promoted.
The 2009/10 Key Performance Indicator (KPI) that applies to all lines of business
within Debt Enforcement is provided below:
Proposed Measure
Rationale
Lead Line of
Business
Arrears Arrangements. This measure is designed to ensure
Debt Enforcement
At least 95% of new arrears
appropriate arrangements including
arrangements will be
the use of discretion. Performance to
Additional Measures
accurate when compared to
be reported via the Quality
to support KPI
the agency debt steer.
Assurance Team. This measure
Delivery
applies to all lines of business as
Payment Arrangements will be made Checks completed
by all caseworkers on all Payment
Arrangements &
documentation to
support decision
Enforcement Teams work toward the following target: Leading and co-coordinating
on the delivery of the Agency Collections target of £1.08 billion during 2008-09 of
which at least £220 million should be arrears.
Employees who negotiate the repayment of arrears with clients are required to follow
guidance which is sometimes referred to as the Debt Steer. I have attached an
overview of this guidance at Annex A to this letter.
Finally, you asked for the numbers of people disciplined as a result of maladministration
for each of the last five years. This information is not available as it is not recorded for
management information purposes.
As part of the performance and development system
full guidance is provided for managers on how to deal with poor performance. This can
lead to informal or formal action being taken.
The Commission is committed to taking reasonable measures necessary to help, support
and encourage its employees to perform to a satisfactory standard. Managers should
make employees aware of any capability issues and will talk to the employee to find out
the reasons for the performance issues and establish if there are any underlying
problems.
I hope you find the information you have been provided with helpful. If you have any
queries about this letter please contact me quoting the reference number above.
Yours sincerely
Child Maintenance and Enforcement Commission
Freedom of Information Act Focal Point
-------------------------------------------------------------
Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing
[email address] or by writing to Child Maintenance and Enforcement Commission,
Freedom of Information Act Focal Point, PO Box 61791, London, SW1P 9NT. Any review request should be submitted
within two months of the date of this letter.
If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s
Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own
complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.gov.uk.
Annex A - Policy Overview
Background
When a non-resident parent is liable to pay arrears of child maintenance it is essential to
initiate prompt recovery action. The policy intention is to recover outstanding arrears as
quickly as possible:
• Voluntary offers to repay by instalments must be sustainable. For example, if the
non-resident parent offers to repay 90% of net income over a 3 months period the
case-worker should seek assurance this commitment is feasible.
• Enforcing arrears recovery is a discretionary decision and when implementing a
Deduction from Earnings Order (DEO) the case-worker must have regard to the
Protected Earnings rate. The non-resident parent should always be left with at least
60% of net income.
Exercising Discretion
Determining the rate of arrears recovery and/or deciding to take enforcement action are
decisions made on behalf of the Commissioner for Child Maintenance and discretion
must be exercised. When determining the recovery amount and/or enforcing debt
recovery the case-worker must always have regard to:
• The welfare of any child involved. When exercising discretionary powers the case-
worker should always take account of the child’s best interest. This is especially
important where a child is seriously ill or disabled.
• The needs of the non-resident parent and any second family
• Representations of hardship from the non-resident parent
Arrears Negotiation
Caseworkers should adhere to the following guidance when setting up a collection
agreement:
• Full payment should be sought in the first instance.
• If not a lump sum should be sought – caseworkers should access ‘Caseworker
Online’ to view available information about the non-resident parent’s current
financial commitments to support them in negotiating the maximum lump sum
possible. A lump sum should be sought which will allow a minimum of 30% (for
CSCS cases the higher of £5 or 33% contribution) of net income to clear the whole
debt within a 2 year period.
• If this is not possible a lump sum payment which will allow contributions at 40% of
net income, covering regular maintenance and arrears, to ensure debt is repaid
within 2 years may be appropriate. Any payments from the non-resident parent will
be regarded as an Arrangement rather than an Agreement and :
• A Deduction from Earnings Order can be sought to recover up to 40% of net
income.
• If a Deduction from Earnings Order does not clear the entire debt in 2 years, a
parallel liability order can also be sought. In general, the Commission does not
currently seek a liability order where arrears are less than £1,000 – however
this threshold is kept under review and improved enforcement powers may
prompt the Commission to review any such arrangements.
Document Outline
