LP v Secretary of State for Work and Pensions & Anor (CSM)
[2024] UKUT 302 (AAC)
DB v Secretary of State for Work and Pensions & Anor.
16 March 2023
[2023] UKUT 70 (AAC)
Upper Tribunal
A dad disagreed with a court order to pay child support because the judge considered the parents' feelings instead of who actually cares for the kids daily. A higher court agreed the judge was wrong and sent the case back for a new hearing.
Key Facts
- •Appeal concerns a father's child maintenance liability.
- •Child Maintenance Service (CSM) initially decided no maintenance was due based on equal shared care.
- •Mother appealed to the First-tier Tribunal (FtT), arguing she provided more day-to-day care.
- •FtT decided in favor of the mother, ordering the father to pay £42.71 weekly.
- •Father appealed to the Upper Tribunal (UT), arguing the FtT erred in law.
- •UT granted permission to appeal, finding arguable error in the FtT's application of legal tests and findings of fact.
- •The FtT's decision was based on the judge's assessment of the parents' philosophies and motivations, rather than solely on evidence of day-to-day care.
Legal Principles
Definition of 'person with care' under Child Support Act 1991, focusing on who provides day-to-day care.
Child Support Act 1991, Section 3(3)(b)
Treatment of shared care cases where one parent provides less day-to-day care than the other.
Child Support Maintenance Calculation Regulations 2012, Regulation 50
Day-to-day care should focus on 'immediate, short-term and mundane aspects of care'.
CCS/1875/10 (Judge Wikeley)
Outcomes
Appeal allowed.
FtT erred in law by basing its decision on the parents' values and motivations instead of solely on evidence of day-to-day care.
FtT decision set aside.
Error of law in the application of legal tests.
Case remitted to a new FtT for reconsideration.
Further facts need to be found.
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