Brookes v Secretary of State for Work and Pensions & Anor [2010] EWCA Civ 420 (29 April 2010)

Brookes v Secretary of State for Work and Pensions & Anor [2010] EWCA Civ 420 (29 April 2010)

The Commission did have regard to the welfare of the children in Mr Brookes' household as required by section 2 of the Child Support Act 1991 when instructing bailiffs and considering committal/disqualification. The decisions were reasonable and proportionate, and there was no breach of Article 8 ECHR. Relief by way of judicial review is refused.

Citation
[2010] EWCA Civ 420
Parties
Claimant/appellant: Anthony James Brookes; Defendant/respondent: Secretary of State for Work and Pensions and the Child Maintenance and Enforcement Commission
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Judicial Review / Appeal From Refusal of Permission for Judicial Review; Permission Granted and Substantive Application Determined by Court of Appeal
Outcome
Relief by way of judicial review refused.
Legal Topics
Child Support Enforcement, Judicial Review, Welfare of Children, Article 8 ECHR, Discretionary Powers, Proportionality
Administrative Law Family Law Human Rights Child Support Enforcement Judicial Review Welfare of Children Article 8 ECHR Discretionary Powers +1 more

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Parties

Anthony James Brookes

Claimant/appellant

Secretary of State for Work and Pensions and the Child Maintenance and Enforcement Commission

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review; Permission Granted and Substantive Application Determined by Court of Appeal

Legal Issues

  1. 1 Whether the Commission failed to consider the welfare of children in the applicant's household when instructing bailiffs and considering committal/disqualification under the Child Support Act 1991, section 2
  2. 2 Whether enforcement actions breached Article 8 ECHR (right to respect for family life)

Ratio Decidendi

The Commission did have regard to the welfare of the children in Mr Brookes' household as required by section 2 of the Child Support Act 1991 when instructing bailiffs and considering committal/disqualification. The decisions were reasonable and proportionate, and there was no breach of Article 8 ECHR. Relief by way of judicial review is refused.

Court Disposition

Relief by way of judicial review refused.

Orders

  • Application for judicial review refused in respect of both the decision to instruct bailiffs and the decision to apply for committal or disqualification.
  • If either enforcement course is now to be taken, a fresh decision must be made according to law and current facts.