PS v Secretary of State for Work and Pensions & Anor (CSM)

PS v Secretary of State for Work and Pensions & Anor (CSM)

The First-tier Tribunal erred materially in law by failing to have regard to relevant evidence showing a maintenance enquiry form was issued to the mother in July 2001, which was central to determining the effective date for child support liability. The tribunal's findings were irrational in light of this evidence, and its reasoning did not address the statutory scheme for closing cases or the legal basis for its conclusions.

Parties
Appellant: PS; First Respondent: Secretary of State for Work and Pensions; Second Respondent: LM (CSM)
Jurisdiction
England and Wales
Judgment Date
05 October 2016
Procedural Posture
Appeal / Upper Tribunal Error of Law Appeal, Remitted for Fresh Hearing
Outcome
Appeal allowed; First-tier Tribunal decision set aside; appeal remitted for fresh hearing
Legal Topics
Child Support Maintenance, Effective Date of Maintenance Assessment, Procedural Fairness, Legitimate Expectation, Delay and Human Rights, Statutory Interpretation
Family Law Administrative Law Social Security Law Child Support Maintenance Effective Date of Maintenance Assessment Procedural Fairness Legitimate Expectation Delay and Human Rights +1 more

Case Brief

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Parties

PS

Appellant

Secretary of State for Work and Pensions

First Respondent

LM (CSM)

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Error of Law Appeal, Remitted for Fresh Hearing

Legal Issues

  1. 1 Did the First-tier Tribunal err in law by failing to consider material evidence regarding the issuance of a maintenance enquiry form in 2001?
  2. 2 Was the closure of the child support case in 2007 lawful under the statutory scheme?
  3. 3 Does legitimate expectation or delay provide a defence to child support liability?

Ratio Decidendi

The First-tier Tribunal erred materially in law by failing to have regard to relevant evidence showing a maintenance enquiry form was issued to the mother in July 2001, which was central to determining the effective date for child support liability. The tribunal's findings were irrational in light of this evidence, and its reasoning did not address the statutory scheme for closing cases or the legal basis for its conclusions.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; appeal remitted for fresh hearing

Orders

  • Appeal to be decided afresh by a differently constituted First-tier Tribunal
  • New hearing to be oral