DB v Secretary of State for Work and Pensions & Anor.

The First-tier Tribunal erred in law by failing to apply the correct legal test and by basing its decision on the parents' philosophies and motivations rather than evidence-based findings of fact regarding day to day care.

Parties: Appellant: DB; First Respondent: Secretary of State for Work and Pensions; Second Respondent: SB
Jurisdiction: England and Wales
Judgment Date: 16 March 2023
Procedural Posture: Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome: Appeal allowed; First-tier Tribunal decision set aside; case remitted for reconsideration by a fresh tribunal.
Legal Topics: Child Maintenance, Shared Care, Tribunal Procedure

Family Law Social Security Law Child Maintenance Shared Care Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Appellant

Secretary of State for Work and Pensions

First Respondent

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

1 Whether the First-tier Tribunal applied the correct legal test in determining which parent provided greater day to day care for the children
2 Whether the First-tier Tribunal's decision was based on permissible evidence and findings of fact

Ratio Decidendi

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for reconsideration by a fresh tribunal.

Orders

Case remitted to First-tier Tribunal for reconsideration at an oral hearing.
Remitted appeal shall not involve the judge who decided the previous appeal.