LM v Secretary of State for Work and Pensions & Anor

LM v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal failed to provide adequate reasoning and findings of fact regarding the provision of overnight care by the second respondent, constituting an error of law. The decision is set aside and remitted for reconsideration by a new tribunal.

Parties
Appellant: LM; First Respondent: Secretary of State for Work and Pensions; Second Respondent: NO
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing by a new tribunal.
Legal Topics
Child Support, Shared Care, Tribunal Procedure, Anonymity Orders
Social Security Law Family Law Child Support Shared Care Tribunal Procedure Anonymity Orders

Case Brief

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Parties

LM

Appellant

Secretary of State for Work and Pensions

First Respondent

NO

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in its determination of shared care reduction under the Child Support Maintenance Calculation Regulations 2012
  2. 2 Whether the second respondent qualifies as a non-resident parent under the Child Support Act 1991

Ratio Decidendi

The First-tier Tribunal failed to provide adequate reasoning and findings of fact regarding the provision of overnight care by the second respondent, constituting an error of law. The decision is set aside and remitted for reconsideration by a new tribunal.

Court Disposition

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

Orders

  • Case remitted to First-tier Tribunal for reconsideration at an oral hearing.
  • New tribunal must not include previous judge or financially qualified member.