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

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

The First-tier Tribunal made material errors of law by failing to provide adequate reasons for determining the appeals on the papers without sufficient explanation or consent, by not adequately explaining its findings on day-to-day care and diversion of income, and by not addressing the principal arguments and evidence. These errors affected the fairness and outcome of the proceedings, requiring the decisions to be set aside and the appeals remitted for rehearing.

Parties
Appellant: RR; 1st Respondent: The Secretary of State for Work and Pensions; 2nd Respondent: CF
Jurisdiction
England and Wales
Judgment Date
17 November 2025
Procedural Posture
Appeal From First Tier Tribunal (social Entitlement Chamber) / Upper Tribunal Determination on Error of Law and Remittal
Outcome
Appeal allowed; FTT decisions set aside; cases remitted for rehearing
Legal Topics
Child Maintenance, Tribunal Procedure, Error of Law, Procedural Fairness, Variation of Maintenance, Evidence Assessment
Social Security Law Administrative Law Child Maintenance Tribunal Procedure Error of Law Procedural Fairness Variation of Maintenance Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

RR

Appellant

The Secretary of State for Work and Pensions

1st Respondent

CF

2nd Respondent

Procedural Posture

Appeal From First Tier Tribunal (social Entitlement Chamber) / Upper Tribunal Determination on Error of Law and Remittal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by determining appeals on the papers without adequate explanation or consent
  2. 2 Whether the FTT provided adequate reasons for its findings on day-to-day care and variation for diversion of income
  3. 3 Whether the FTT's reasoning on control and diversion of income was sufficient

Ratio Decidendi

The First-tier Tribunal made material errors of law by failing to provide adequate reasons for determining the appeals on the papers without sufficient explanation or consent, by not adequately explaining its findings on day-to-day care and diversion of income, and by not addressing the principal arguments and evidence. These errors affected the fairness and outcome of the proceedings, requiring the decisions to be set aside and the appeals remitted for rehearing.

Court Disposition

Appeal allowed; FTT decisions set aside; cases remitted for rehearing

Orders

  • The decisions of the First-tier Tribunal dated 08 December 2023 and 13 December 2023 are set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • The cases are remitted to the First-tier Tribunal for rehearing by a fresh tribunal.