Are CMS Liability Order Hearings Just a Rubber Stamp? (What the Evidence Shows)

 

Immediate Point

If the Child Maintenance Service applies for a liability order, many people assume the court will examine whether the arrears are correct.

👉 In reality, the position is more limited.

The court’s role is not to recalculate the amount owed.
It is to consider whether the legal conditions for enforcement are met.

What the Court Is (and Is Not) Deciding

At a liability order hearing:

  • the court considers whether payments are due and unpaid
  • it checks that the correct process has been followed

👉 But it does not re-examine the underlying calculation

This reflects the legal structure of the system:

  • disputes about the amount are handled through the CMS and tribunal process
  • the court deals with enforcement of that amount

How Hearings Are Often Listed in Practice

In practice, liability order hearings are often listed in large groups.

It is not unusual for multiple cases to be listed in the same session, sometimes involving a significant number of applications dealt with in a short period of time.

👉 This can mean:

  • hearings are brief
  • cases are dealt with quickly
  • the process may feel unfamiliar or rushed, especially for litigants in person

What the FOI Evidence Shows

Freedom of Information material included in my High Court bundle provides further context.

This material refers to:

  • a bulk liability order hearing involving around 245 CMS applications in a single day
  • a sample where:
    • 202 cases were presented (North Somerset)
    • 165 liability orders were granted
    • 75 cases were presented (Norwich)
    • 72 liability orders were granted

👉 Importantly, the Department confirmed:

  • it does not routinely record how many liability orders are granted where arrears are disputed
  • in the sample reviewed, no application presented was refused

What This Means in Practice

These figures do not, by themselves, prove that every case is wrong.

However, they raise an important question:

👉 How much scrutiny is realistically applied in bulk hearings where large numbers of cases are dealt with in a short time?

This is particularly relevant where:

  • arrears are actively disputed
  • evidence has not yet been fully considered through the CMS process
  • the court is legally prevented from questioning the calculation itself

The Structural Issue

The key point is not whether safeguards exist—they do.

The issue is how those safeguards operate in practice.

The system separates:

  • determining whether arrears are correct
  • and
  • enforcing those arrears

👉 This creates a situation where:

  • disputes are handled through one process (CMS / tribunal)
  • enforcement proceeds through another (the court)

Where This Becomes Difficult

For many paying parents, particularly litigants in person:

  • the process is not clearly explained
  • the routes are complex
  • enforcement can move forward while disputes are still ongoing

👉 This can lead to a perception that:

  • the outcome is already decided
  • the hearing is a formality
  • there is little opportunity to challenge what is being presented

A Question of Scrutiny, Not Assumptions

It is important to be clear:

👉 The law does provide routes to challenge arrears
👉 Courts are applying the legal framework they are given

However:

👉 The FOI evidence raises a legitimate question about how that framework operates in practice in high-volume hearings

What You Should Do If You Are Affected

If you are facing a liability order and believe the arrears are wrong:

  • challenge the calculation through Mandatory Reconsideration and appeal
  • attend the hearing or respond to the court
  • make it clear if the arrears are disputed
  • ask for time if the underlying issue has not been resolved

👉 The court cannot recalculate the amount—but it can be informed that the issue is actively in dispute.

Conclusion

The question is not whether the system contains safeguards.

👉 It clearly does.

The question is:

👉 whether those safeguards operate effectively in practice—particularly in high-volume liability order hearings

The available evidence does not answer that question definitively.

But it does suggest that the issue deserves closer attention.

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