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

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

The First-tier Tribunal erred in law by failing to investigate and resolve contradictions in the CMS decisions and correspondence, by not adjourning for necessary evidence and submissions, and by not putting the Appellant properly on notice as to the case he had to meet. These procedural errors were material and affected the fairness of the proceedings. The decision was set aside and the case remitted for rehearing.

Parties
Applicant: W. K.; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: A. K.
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Appeal From First Tier Tribunal (social Entitlement Chamber) / Upper Tribunal Judgment on Appeal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing
Legal Topics
Child Maintenance, Tribunal Procedure, Revision and Supersession of Decisions, Procedural Fairness
Social Security Law Administrative Law Child Maintenance Tribunal Procedure Revision and Supersession of Decisions Procedural Fairness

Case Brief

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Parties

W. K.

Applicant

Secretary of State for Work and Pensions

1st Respondent

A. K.

2nd Respondent

Procedural Posture

Appeal From First Tier Tribunal (social Entitlement Chamber) / Upper Tribunal Judgment on Appeal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by failing to resolve contradictions in CMS decisions and correspondence
  2. 2 Whether the Appellant was properly put on notice as to the case he had to meet
  3. 3 Whether the First-tier Tribunal failed to adjourn for necessary evidence and submissions

Ratio Decidendi

The First-tier Tribunal erred in law by failing to investigate and resolve contradictions in the CMS decisions and correspondence, by not adjourning for necessary evidence and submissions, and by not putting the Appellant properly on notice as to the case he had to meet. These procedural errors were material and affected the fairness of the proceedings. The decision was set aside and the case remitted for rehearing.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing

Orders

  • The decision of the First-tier Tribunal made on 28 June 2022 is set aside.
  • The case is remitted to a fresh tribunal for reconsideration.