Freedom of information
This page explains our Freedom of Information policy and process.
The Child Maintenance and Enforcement Commission took over responsibility for the child maintenance system in Great Britain from the Department for Work and Pensions on 1 November 2008.
About Freedom of Information
Information we already publish
- Search our websites for the information
- Browse our Publication Scheme
- Check Frequently Asked Questions
- Check Freedom of Information Disclosures
Personal information
How to make a request
- Routine requests for information outside our Freedom of Information process
- How do I make a Freedom of Information request?
Can the Commission refuse to provide the requested information?
- Exempt information
- Requests exceeding the appropriate cost limit
- The clarity of your request
- Information not held by the Commission
If you are not happy with our decision
About Freedom of Information
Freedom of Information – What is it?
The Freedom of Information Act 2000 gives any person the right to access information held by a public authority. This covers non-departmental public bodies including the Commission.
Further information on the provisions of the Act can be found on the website of the Information Commissioner’s Office.
What are the Access Rights?
Anybody, whether an individual or corporate body such as a private company, can apply to have access to any recorded information held by the Commission. This means that potentially all information held by the Commission can be considered for release no matter what form it is held e.g. registered paper files; electronic documents; notebooks or miscellaneous collections of paper etc. You do not have to provide a reason for your request.
The Act also requires that you be told whether the information you want exists or not, but this is subject to certain exceptions.
You can specify the manner in which you wish to receive the information e.g. a copy, summary, by letter or email. The Commission will attempt to comply with your request.
The Act is fully retrospective. This means that you can ask for any information held by the Commission irrespective of its age. For example, information contained in a document created in 1999 can be requested under the Act even though the Act did not come into force until 1 January 2005.
Information we already publish
The information you seek may already be published. Please check our existing information sources before making a request.
Search our websites for the information
A lot of information is already available on this website, Child Maintenance Options and Directgov websites.
Browse our Publication Scheme
The Commission’s Publication Scheme divides information into categories and tells you where to find it.
Check Frequently Asked Questions
The FAQ section provides answers to recurring questions asked under the Freedom of Information Act.
Check Freedom of Information Disclosures
In our Freedom of Information Disclosures section you will find information of general interest that the Commission has disclosed under the Freedom of Information Act.
Personal information
Can I request information about my case or myself?
The Freedom of Information Act 2000 does not extend to the provision of personal information the Commission might hold about you. Such requests should be made under the provisions of the Data Protection Act 1998.
The Data Protection Act allows you to request what personal information the Commission holds about you on computer and in some paper records.
How can I obtain a copy of information held on me by the Commission’s Child Maintenance Options service?
To find out how the Child Maintenance Options service collects, stores and releases personal information please see the Child Maintenance Options privacy policy.
How can I access information related to my child maintenance case with the CSA or obtain a copy of informatin held on me by the CSA?
Find out how the CSA collects, stores and releases personal information.
How to make a request
Routine requests for information outside our Freedom of Information process
You may be able to get the information you want by contacting the Child Maintenance Options service or the Child Support Agency without the need to engage our Freedom of Information process.
How do I make a Freedom of Information request?
If your request cannot be answered through the routes described above you can write to:
Child Maintenance and Enforcement Commission
Freedom of Information Act Focal Point
PO Box 61791
London
SW1P 9NT
Alternatively, please email us at FOI.FocalPoint@childmaintenance.gsi.gov.uk
Your request should:
- be made in writing;
- clearly describe the information your require; and
- include your name and either a postal or email address for correspondence.
A reply should be sent to you within 20 working days, unless we need to contact you to clarify your request, or the public interest test needs to be considered.
Can the Commission refuse to provide the requested information?
Yes, in certain circumstances. The following information explains these circumstances.
Exempt information
The Freedom of Information Act 2000 contains a number of exemptions to the right of access to information.
Most exemptions need to be considered in two stages. These are:
- whether the exemption applies to all or part of the information requested and, if so,
- whether the public interest in releasing the information is greater than the public interest in withholding it.
If the balance of interests favours disclosure, exempt information will still be released.
However, some information (e.g. personal data of the requester) is covered by "absolute" exemptions, which means that the public interest test does not apply and the information will be withheld.
Where information cannot be released, we will inform you which exemption applies and why.
Guidance on exemptions is available on the Ministry of Justice website.
Requests exceeding the appropriate cost limit.
The Commission does not charge for answering Freedom of Information requests. However, we do not have to provide the information to you if the cost of doing so is above the appropriate limit.
The appropriate limit for the Commission has been set in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 at £450. This represents the estimated cost of one person spending 2.25 working days in determining whether the Commission holds the information, and locating, retrieving and extracting it.
If we are unable to provide the information to you because it is too costly, we will write to tell you this. We may also ask you to narrow down your request to bring it within the cost limit.
The clarity of your request.
It is important that your request includes a clear description of the information you require to enable us to identify the exact information you want and avoid refusal on the ground of disproportionate costs. For example, this may include specifying what time period you would like the information to cover.
If your request is not clear, we will ask you to clarify it. Once your clarification is received, our response should be issued within 20 working days.
Information not held by the Commission.
The Commission might not hold the information you have requested, in which case we will tell you within 20 days.
If we do not hold the information you requested but have a reason to believe that another public authority does, we will inform you how you can contact that authority to ask for the information.
If you are not happy with our decision
What happens if I am not happy with the response?
If you are not happy with our response or with our handling of your request, you may ask for an internal review by writing to:
Child Maintenance and Enforcement Commission
Freedom of Information Act Focal Point
PO Box 61791
London
SW1P 9NT
Alternatively, please email us at FOI.FocalPoint@childmaintenance.gsi.gov.uk
Any review request should be submitted within two months of the date of the response.
The review will be conducted by a senior official, who was not party to the compiling of the original response. It will examine the decision that was made in the original response and decide if the Freedom of Information Act was applied correctly. If appropriate, this would include the application of exemptions and subsequent public interest tests. In addition, the review will also consider the comments you have made in your review request.
You will be informed of the reviewer's decision in writing. This may support the original decision or overturn it. Any information that we feel able to provide will accompany our reply.
What if I am still unhappy?
If you are not content with the outcome of the internal review you may apply to the Information Commissioner’s Office for a decision.
The Information Commissioner acts independently, is appointed by Her Majesty the Queen and reports directly to Parliament. The Commissioner is entitled to see all the papers relating to your request and decide whether our decision meets the requirements of the Freedom of Information Act 2000.
The Information Commissioner can be contacted at:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Related links
Freedom of Information statistics
Statistics on the Commission’s implementation of the Freedom of Information Act 2000 are reported on quarterly basis to the Ministry of Justice and published on their website.
More information
Further information on Freedom of Information is available on the websites of the Ministry of Justice and Information Commissioner.