Child Maintenance Service - Judicial Review and Litigation Senior Leader

Our mission is to ‘get money to children’ because it makes a real difference to children’s lives.

Our story over the last two years is one of impressive progress and improvement.

Despite the progress we’ve made, we are unashamedly ambitious about what more we can achieve and the difference we can make for the families who need us. Child Maintenance Service is an amazing place to work. Walk into any one of our service centres and you will be overwhelmed by the passion and commitment that our people have for supporting our customers.

The Judicial Review and Litigation team are responsible for undertaking detailed investigations into legal challenges mounted for and against The Child Maintenance Services (CMS). They supply factual histories and evidence, relevant legislative provisions, legal argument and caselaw to Government Legal Department (GLD) to shape the Secretary of States for Work and Pensions (SSWP) response to the legal actions.

This is a high profile and vital role required to defend decisions and actions taken by Child Maintenance Service across legislative schemes (CSA1993/2003 and CMS2012). Legal action taken in the Higher Courts, if not robustly defended can result in negative case law being laid down; case law that can have serious consequences for the day to day operation of the current child maintenance scheme.

The Judicial Review Leaders’ purpose is to take overall responsibility for and oversee the full range of legal action mounted against and by CMS and to represent The Secretary of State for Work and Pensions in high profile, contentious or novel child maintenance legal challenges.

• The Judicial Review Team Leader will determine what direction CMS’s response to the legal action should take including the legal action being actioned by the Judicial Review Officer when support in decisions is required. Being mindful of the overriding purpose to obtain maintenance for children and the potential impact to the public purse.
• The Judicial Review Team Leader will contribute to and quality assure all correspondence, documentation, legal argument, and defence bundles for court hearings.
• The Judicial Review Team Leader will draft witness statements or swear to an affidavit attesting to the facts of the child maintenance claim, decisions that have been made and the relevant legislation used.
• The Judicial Review Team Leader will confirm disclosure of evidential materials ensuring sensitive information is redacted within the parameters of the Data Protection Act while adhering to the legal principals of ‘duty of candour’.
• The Judicial Review Team Leader has overall responsibility to consider and authorise settling litigation out of court and will interrogate, quality assure and approve business cases drafted by the judicial review officer.
• The Judicial Review Team leader will approve settlement in respect of the high profile contentious legal challenges when risks are identified, and legal advice suggests CMS will likely lose in Court. Draft a business case to seek approval as to the quantum of settlement from HM Treasury.
• The Judicial Review Team Leader becomes the Appellant on behalf of CMS to contest negative court rulings which hamper CMS’s ability to collect maintenance on individual child maintenance claims. The Judicial Review Team leader interfaces with lawyers in the Government Legal Department to mount an appeal. They are responsible for providing factual histories and evidence, associated legislative provisions and argument as to why the court ruling was unlawful.
• The Judicial Review Team Leader will attend hearings in court either virtually or in person as directed by the court. To continue to drive the litigation in the correct direction by supporting solicitor and barrister during the hearing. When required the Judicial review team leader will also accompany the Judicial Review Officer in court hearings.
• When summonsed to do so, the Judicial Review Team leader will take to the witness stand in court to confirm the facts of the child maintenance claim including any cross examination from the litigant’s legal team.
• After litigation is concluded the Judicial Review Team Leader must ensure court orders made are fully complied with including payments of legal costs/refunds or reimbursements of maintenance payments and ensure remedial work is carried out on the child maintenance claim.
• The Judicial Review Team Leader provides regular clear updates as to the progress of high profile and contentious litigation to CMS Senior Leaders, Policy Colleagues and other interested parties.
• The Judicial Review Team Leader provides guidance and support to the Judicial Review Officer in all matters of litigation.
• The Judicial Review Team Leader will draft legal argument when CMS is directed to produce legal argument during applications to the Magistrates Court for enforcement mechanisms.
• The Judicial Review Team Leader provides bespoke child maintenance operational and policy advice to the National Crime Agency in relation to sensitive child maintenance claims.
• Risk assesses each legal action in relation to both the individual child maintenance claim and the potential impacts to the wider statutory scheme, alerting senior leaders across CMS and CMS policy to potential risks to the scheme.
• Write timely Ministerial Submissions making recommendations to Minister including detailing financial implications and service delivery impacts. Forewarn DWP Press Office of media interest, detailing background and risks.