PH v The Secretary of State for Work and Pensions & Anor

PH v The Secretary of State for Work and Pensions & Anor

The First-tier Tribunal failed to give adequate reasons for its decision, failed to properly consider evidence provided by the appellant, and failed to exercise its inquisitorial jurisdiction to seek further evidence, amounting to material errors of law. The decision is set aside and the matter remitted for rehearing.

Parties
Appellant: PH; First Respondent: Secretary of State for Work and Pensions; Second Respondent: KH
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
appeal allowed; decision set aside; remitted for rehearing
Legal Topics
Child Maintenance Assessment, Error of Law, Tribunal Procedure, Adequacy of Reasons
Social Security Child Support Child Maintenance Assessment Error of Law Tribunal Procedure Adequacy of Reasons

Case Brief

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Parties

PH

Appellant

Secretary of State for Work and Pensions

First Respondent

KH

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal gave adequate reasons for its decision
  2. 2 Whether the First-tier Tribunal properly considered the evidence provided by the appellant
  3. 3 Whether the First-tier Tribunal failed in its inquisitorial duty to seek further evidence

Ratio Decidendi

The First-tier Tribunal failed to give adequate reasons for its decision, failed to properly consider evidence provided by the appellant, and failed to exercise its inquisitorial jurisdiction to seek further evidence, amounting to material errors of law. The decision is set aside and the matter remitted for rehearing.

Court Disposition

appeal allowed; decision set aside; remitted for rehearing

Orders

  • The decision of the First-tier Tribunal dated 20 October 2023 is set aside.
  • The case is remitted for rehearing by a new First-tier Tribunal.