Benefit sanction for childcare-related non-attendance

This is a question that comes up frequently, and the answer depends on which type of sanction you are asking about. The most common contexts are benefit sanctions (usually Universal Credit or Jobseeker's Allowance) and court sanctions for non-attendance. I will cover both.

Universal Credit and benefit sanctions:

If you failed to attend a Jobcentre appointment, a work-focused interview, or a mandatory activity because of a childcare problem, the DWP can impose a sanction, but you have a right to show you had good reason for not attending.

Under the Universal Credit Regulations 2013, regulation 99, a sanction should not be imposed if you can show good reason. Childcare difficulties can amount to good reason, but you need to demonstrate that the problem was genuine and that you could not reasonably have made alternative arrangements. The DWP decision maker should take into account all the circumstances, including whether the childcare issue was unexpected, whether you tried to make other arrangements, and whether you notified the Jobcentre as soon as you could.

Practical steps:

1. Contact your work coach as soon as possible to explain what happened and ask for the appointment to be rearranged.
2. Keep a record of what went wrong, for example if your childcare provider cancelled at short notice, if your child was ill, or if school closed unexpectedly.
3. Gather any supporting evidence such as messages from the childcare provider, a letter from school, or a GP note if your child was unwell.
4. If a sanction is imposed, you can ask for a mandatory reconsideration within one calendar month of the decision. Set out clearly why you had good reason, attach your evidence, and explain what steps you took to try to attend or to notify the Jobcentre.
5. If mandatory reconsideration does not succeed, you can appeal to the First-tier Tribunal (Social Entitlements Chamber). The tribunal will look at the matter afresh and is independent of the DWP.

It is worth noting that the DWP's own guidance to decision makers states that childcare responsibilities, particularly for a lone parent, are a relevant consideration when assessing good reason. If you are a lone parent with a child under a certain age, your work-related requirements should already be limited, and the DWP should have taken your caring responsibilities into account when setting what was expected of you.

Court sanctions for non-attendance:

If you were required to attend court, for example as a party to proceedings, a witness, or for a hearing you had been directed to attend, and you did not attend because of childcare, the court has a discretion about what to do. Simply not turning up without advance notice is risky and could lead to your case being struck out, a judgment being entered against you, or in some cases a warrant for your arrest if you were a defendant or a witness subject to a witness summons.

The better approach is always to contact the court in advance if you know you cannot attend. You can apply for an adjournment, and childcare difficulties, particularly if unexpected, can be a legitimate reason. The court will consider whether the request is reasonable, whether you gave adequate notice, and whether the other party would be prejudiced.

If a sanction has already been imposed, for example your claim or defence was struck out, you may be able to apply to set aside the order under CPR 39.3, showing that you had a good reason for not attending and that you acted promptly once you became aware of the order.

Key points in either context:

The critical factors are the same. Was the childcare difficulty genuine and unexpected? Did you take reasonable steps to find an alternative? Did you notify the relevant body as soon as possible? Can you provide evidence?

Being proactive and communicating early always strengthens your position. Silence, even for an understandable reason, makes it much harder to argue good reason after the event.

If you let me know which specific situation you are dealing with, I can give you more tailored guidance.