Can You Sue For A Data Breach

GDPR Data Breaches by The Child Maintenance Service

Online, I often see comments such as "The CMS have told the receiving parent how much I earn, is this a breach of data protection law?
Well beleive it or not, it is not a data breach. The reason it is not a data breach is because the CMS are required to tell the other parent how much taxable income the paying parent receives. Why do they have to tell? Because it forms the basis of a calculation and the Child Maintenance Service have to inform both parents, how the calculation is calculated. This also means, they also have to tell the other party, if you've got children living at your house, that you are claiming a discount for. And if you're claiming a discount they also have to tell them the number of children. The same applies if there are any other children on a case, who do not live with you. If you ask for a variation, they also have to share some of the information, even if the receiving parent cant object to the claim.

So legally, they have an exemption, as the law requires disclosure, and the Data Protection Act allows lawful disclosure. More on this on the video above.

What Cant They Disclose:

However, whilst it is neccessary to know about the other children, it is not neccessary to share their personal details such as name or date of birth. That they cannot do. They should not reveal any other children's names, nor can they give any details about the children other than the fact that there's a child. Again, disclosure of limited information is required by law. There's no way around that. Likelyhood of a Data Breach Whilst there are certain provisions for information release, there will without doubt, be the occaisional data breach. The CMS is a large organisation, that sits within the Department for Work and Pensions. Its very possible that as a large organisation, handling lots of personal data, will make a mistake, and a data protection breach will happen. For example, if they send you for example the wrong paperwork they send you paper relating to another family to children that aren't yours, then that's a breach of data protection regulations. I have previously linked via Facebook two people where that exact data breach occured, and one person was sent the details of someone elses case. If they send your paperwork to someone else that's most definitely a breach of data protection rules.

Tribunals

If you are attending a tribunal, it is a court process. Again there is a requirement for disclosure of all the evidence. This means that there are exemptions for data disclosure. There is one exception, and that applies if you wish the court to withold your address. On page 5 of the paperwork there is a box to tick, to prevent your address being shared. This currently does not apply to Northern Ireland.

Can I Sue the CMS for a Data Breach

Potentially, you can take legal action against the CMS for breaching your data, where the disclosure is not authorised by law. You will need to search for a specialist data breach solicitor. #cms #childsupport #childmaintenance #childmaintenanceuk #gdpr #childmaintenanceservice #databreach #databreaches #databreachsolicitor For further inormation, see the legislation listed below. Links to Legislation: Notification of a Child Maintenance Calculation

Links to Further Education:  Amazon Books

Resident Parent Fraud

A Crime: Claiming Non Payment of CMS

Sadly too many receiving parents abuse the Child Maintenance Service (CMS) and commit fraud, often as a way to get at their ex partner, and, or, to make financial gain.  A Common fraud commited by a receiving parent is Fraud by False Representation.

  
This offence takes place, when the receiving parent informs the CMS that they haven't received a payment.  This not only causes emotional and financial distress to the paying parent, it also abuses taxpayers who pay for the running of the Child Maintenance Service as resources are wasted investigating matters.  False reporting could even delay other receiving parents from getting their CMS payments, as their cases are delayed by the CMS staff dealing with the false representation.   

Some parents repeat the fraud by reporting non payment each month.  They wouldnt do it, if they realised each time they do it, they commit an offence, and the penalties are significant for each offence.

The specific offence:

Fraud act 2006, section 2, Fraud by false representation

(1) A person is in breach of this section if he;
(a) dishonestly makes a false representation, and
(b) intends, by making the representation;
(i) to make a gain for himself or another, or
to cause loss to another or expose another to a risk of loss.

According to CPS guidelines the offence is entirely focussed on the conduct of the defendent, and the maximum sentence is 10 years imprisonment.

Even if no actual gains or losses took place, they can still be charged.  This means that even if the CMS decide that payment has been made, and no financial loss occured, the person making the false representation can still be charged as the action was dishonest and with intent.

How to Report

A paying parent will normally be told that they have not paid the other party by text message and by letter.  We strongly recommend that you sign up for text messages from the CMS, if only to get the warning message that a payment has not been made.

We recommend that when a payment has been made, but the other party claims it hasn't you take the following action.

1. Inform the CMS that you have paid, and provide the evidence of the payment via the portal.
2. Include the sample text provided below when you contact the Child Maintenance Service.
3. Make a Police Report of Fraud, and Economic Abuse via your local Police 101 website, and consider using the sample text in your crime report.  
4. You retain a record of evidence for further reports, should a false representation claim be made again.

Example Text to the Child Maintenance Service

The CMS have accepted my ex's statement that I paid them no child maintenance as fact without doing even the most basic of checks, resulting in them subjecting me to harassment and defamation of character. The CMS has demonstrated reckless disregard as to whether her statement was true or false.

Their bank statements, if requested by the CMS could confirm that all payments had been made.  The CMS has therefore acted recklessly in failing to carry out the most basic of checks, and this whole case rests on the resident parents fraudulent misrepresentation of the facts.

I require a statement from the Child Maintenance Service confirming if a check had been done of the other parties bank statements, before contacting me.  

I also require a copy of any statement, telephone call recording or document provided to the CMS by the other parent, as I wish to enclose it as evidence of fraud to the police, and for the CMS to take steps to preserve that evidence. 

Example Text to the Police

I wish to report that I have been the victim of a crime.  My ex partner has made a fraudulent and dishonest claim to the Child Maintenance Service which breaches the Fraud Act 2006, section 2, Fraud by false representation.

They have dishonestly, made a false representation, to make a gain for themselves, which has exposed me to a risk of loss, by claiming that I have not made child maintenance payments.  In order to coerce additional payments.  I also beleive that they have done this to financially abuse me, and have therefore committed additional offences under the Domestic Abuse Act  2021, by attempting to control my finances.

I wish to record a crime, and would like action to be taken to protect me from further abuse.  I can provide evidence of payments, and the Child Maintenance Service have records of the ex partners fraud.

Expectation

It is unlikely that the CMS will forward the information requested.  An arguement could therefore be made that the CMS are obstructing you reporting the matter as they hold the evidence.  This should be recorded in any subsequent complaint to the CMS, your MP or ICE.  However by asking for the statement you are confirming that you beleive it is evidence of a crime, and the CMS should therefore take steps to preserve the  evidence of a crime.

We suggest that you report the fraud and domestic domestic abuse to the Police using their respective Police 101 reporting websites.  Its possible that when you first report the matter to the police, you may find a little resistence if speaking to student officers or civilian staff.  If they wont take the report, ask to speak to the Duty Police Sergeant

What Not To Do

Under no circumstances should you tell the ex that you have reported the matter.  It could jeopardise future action.

Summary

Claiming non payment is fraud which carries a maximum sentence of 10 years.  Unless paying parents report, there is a risk of ongoing abuse continuing.  

Can Child Maintenance be backdated?

 How far back can child maintenance be backdated?







Child maintenance cannot be backdated to a period before a Child Maintenance Sevice Case is opened.