DB v Secretary of State for Work and Pensions & Ors

DB v Secretary of State for Work and Pensions & Ors

The First-tier Tribunal's decision involved an error of law due to inadequate findings of fact and insufficient reasons regarding which parent provided more day-to-day care; the appeals are allowed and remitted for rehearing.

Parties
Appellant: DB; First Respondent: Secretary of State for Work and Pensions; Second Respondent: SB
Jurisdiction
England and Wales
Judgment Date
21 January 2025
Procedural Posture
Appeal / Upper Tribunal Decision Remitting to First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing.
Legal Topics
Child Support, Day to Day Care, Tribunal Procedure, Adequacy of Reasons
Family Law Social Security Law Child Support Day to Day Care Tribunal Procedure Adequacy of Reasons

Case Brief

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Parties

DB

Appellant

Secretary of State for Work and Pensions

First Respondent

SB

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision Remitting to First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal made adequate findings of fact regarding day-to-day care
  2. 2 Whether the Tribunal provided sufficient reasons for its decision
  3. 3 Whether the correct legal test was applied to determine which parent provides more day-to-day care

Ratio Decidendi

The First-tier Tribunal's decision involved an error of law due to inadequate findings of fact and insufficient reasons regarding which parent provided more day-to-day care; the appeals are allowed and remitted for rehearing.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing.

Orders

  • Appeals remitted to First-tier Tribunal for reconsideration at oral hearing.
  • Remitted appeals to be heard by a new tribunal, excluding previous judges.