JMCG v Department for Communities (CSC) (Tribunals - Hearing) [2021] NICom 52 (16 November 2021)

JMCG v Department for Communities (CSC) (Tribunals - Hearing) [2021] NICom 52 (16 November 2021)

The appeal tribunal committed a procedural irregularity by not permitting the appellant to advance his arguments and submissions regarding shared care and liability, contrary to Article 6 ECHR and the principle in Kraska v Switzerland, resulting in an error of law that materially affected the fairness of the proceedings.

Citation
[2021] NICom 52
Parties
Appellant: JMcG; First Respondent: Department for Communities; Second Respondent: (unnamed) parent with care
Jurisdiction
Northern Ireland
Judgment Date
16 November 2021
Procedural Posture
Appeal to Child Support Commissioner on a Question of Law / Decision on Appeal From Tribunal Decision
Outcome
Appeal allowed; tribunal decision set aside; case remitted for re-determination by a differently constituted tribunal.
Legal Topics
Child Support, Procedural Fairness, Right to Fair Hearing, Tribunal Procedure
Social Security Law Family Law Human Rights Law Child Support Procedural Fairness Right to Fair Hearing Tribunal Procedure

Case Brief

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Parties

JMcG

Appellant

Department for Communities

First Respondent

(unnamed) parent with care

Second Respondent

Procedural Posture

Appeal to Child Support Commissioner on a Question of Law / Decision on Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the appeal tribunal erred in law by not permitting the appellant to advance arguments and submissions regarding child support liability and shared care under Regulation 49(2) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
  2. 2 Whether the tribunal's conduct infringed Article 6 ECHR right to a fair hearing

Ratio Decidendi

The appeal tribunal committed a procedural irregularity by not permitting the appellant to advance his arguments and submissions regarding shared care and liability, contrary to Article 6 ECHR and the principle in Kraska v Switzerland, resulting in an error of law that materially affected the fairness of the proceedings.

Court Disposition

Appeal allowed; tribunal decision set aside; case remitted for re-determination by a differently constituted tribunal.

Orders

  • The decision of the appeal tribunal dated 12 October 2016 is set aside.
  • The case is referred to a differently constituted appeal tribunal for re-determination.