Hardman, R (on the application of) v The Social Security and Child Support Commissioners & Anor

Hardman, R (on the application of) v The Social Security and Child Support Commissioners & Anor

No error of law was identified in the Commissioner's refusal of permission to appeal; no valid application for supersession was made to the Secretary of State; and the claim for compensation was out of time and not properly pursued through available administrative channels.

Parties
Claimant: Russell Hardman; First Defendant: The Social Security and Child Support Commissioners; Second Defendant: The Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
09 November 2007
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Application dismissed
Legal Topics
Judicial Review, Child Support, Jurisdiction, Habitual Residence, Compensation for Maladministration
Administrative Law Family Law Social Security Law Judicial Review Child Support Jurisdiction Habitual Residence Compensation for Maladministration

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Parties

Russell Hardman

Claimant

The Social Security and Child Support Commissioners

First Defendant

The Secretary of State for Work and Pensions

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Child Support Commissioner made an error of law in refusing permission to appeal
  2. 2 Whether the Secretary of State failed to make a lawful decision regarding habitual residence
  3. 3 Whether the refusal to pay compensation for alleged maladministration is susceptible to judicial review

Ratio Decidendi

No error of law was identified in the Commissioner's refusal of permission to appeal; no valid application for supersession was made to the Secretary of State; and the claim for compensation was out of time and not properly pursued through available administrative channels.

Court Disposition

Application dismissed

Orders

  • Permission to apply for judicial review refused on all grounds