Farley v Secretary of State for Work and Pensions & Anor

Farley v Secretary of State for Work and Pensions & Anor

The magistrates' court has an adjudicative function to determine whether a non-resident parent is a liable person under section 33(1)(a) of the Child Support Act 1991 and must receive evidence on the issue of liability, including whether the parent with care was claiming a benefit authorising the Secretary of State to recover child support maintenance, unless conceded. Section 33(4) does not preclude inquiry into liability.

Parties
Appellant/claimant: Alec Geoffrey Farley; Respondent: Secretary of State for Work and Pensions; Respondent: Child Support Agency
Jurisdiction
England and Wales
Judgment Date
25 January 2005
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) by Way of Case Stated
Outcome
Appeal allowed
Legal Topics
Child Support, Jurisdiction of Magistrates' Court, Statutory Interpretation, Enforcement of Maintenance Orders
Family Law Administrative Law Child Support Jurisdiction of Magistrates' Court Statutory Interpretation Enforcement of Maintenance Orders

Case Brief

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Parties

Alec Geoffrey Farley

Appellant/claimant

Secretary of State for Work and Pensions

Respondent

Child Support Agency

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) by Way of Case Stated

Legal Issues

  1. 1 Whether magistrates' court has jurisdiction to determine if a non-resident parent is a 'liable person' under section 33(1)(a) of the Child Support Act 1991
  2. 2 Whether magistrates must receive evidence that the parent with care was claiming a benefit authorising the Secretary of State to recover child support maintenance

Ratio Decidendi

The magistrates' court has an adjudicative function to determine whether a non-resident parent is a liable person under section 33(1)(a) of the Child Support Act 1991 and must receive evidence on the issue of liability, including whether the parent with care was claiming a benefit authorising the Secretary of State to recover child support maintenance, unless conceded. Section 33(4) does not preclude inquiry into liability.

Court Disposition

Appeal allowed

Orders

  • Liability order set aside
  • Case remitted to magistrates' court for determination of jurisdiction