Dorney-Kingdom v Dorney-Kingdom: CA 25 Jul 2000

A court may not make an original order for child maintenance, save by consent. The practice of disguising such an order, as part of spousal maintenance, pending a determination by the Child Support Agency, was only legitimate where there was included a real element of spousal maintenance. Simply calling child maintenance spousal maintenance is not correct or legitimate.

Citations:

Times 25-Jul-2000, Gazette 27-Jul-2000

Statutes:

Child Support Act 1991 8(5)

Jurisdiction:

England and Wales

Children, Family, Child Support

Updated: 19 May 2022; Ref: scu.80101

M v British Broadcasting Corporation: FD 1997

The applicant’s child had been fathered by donor insemination. He sought to prevent the defendant publicising his forthcoming case with the Child Support Agency in which he intended to deny a responsibility to provide child support.
Held: An injunction was refused. The case was really about the protection of M’s reputation, and his desire not to publicise his infertility, and not that of any child. The public interest in the freedom of the press must prevail.

Judges:

Hale J

Citations:

[1997] 1 FLR 51

Statutes:

Administration of Justice Act 1960 12

Jurisdiction:

England and Wales

Cited by:

CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Lists of cited by and citing cases may be incomplete.

Media, Child Support

Updated: 15 May 2022; Ref: scu.445476

S v S: FD 8 Dec 1992

A notice of motion to a judge in the Family Division was the correct procedure for challenging a refusal by magistrates either to remit arrears of periodical payments for children, or to vary the existing order. An appeal to the county court was not the correct thing to do.

Citations:

Times 08-Dec-1992

Statutes:

Children Act 1989 94

Child Support

Updated: 11 May 2022; Ref: scu.88952

Smith v Secretary of State for Work and Pensions and Another: HL 12 Jul 2006

The House considered whether under the 1992 Regulations a self-employed parent could use for his child support calculation his net earnings as declared to the Revenue, which would allow deduction of capital and other allowances properly claimed against tax.
Held: The appeal was allowed, and the decision of the Child Support Commissioner restored (majority). The precise and unusual phrase used in the regulations matched that used in the tax return. Lord Carswell: ‘one is entitled to place less emphasis on the coincidence in wording and return to the exercise of attempting by the use of the several recognised methods of statutory interpretation to ascertain the true intention of Parliament.’
(dissenting opinion) Though there was an inconsistency, the regulations was clear and could not be read to bear the interpretation proposed by the Secretary of State.

Judges:

Lord Nicholls of Birkenhead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell

Citations:

Times 14-Jul-2006, [2006] UKHL 35, [2006] 1 WLR 2024

Links:

Bailii

Statutes:

Child Support (Maintenance Assessments and Special Cases) Regulations 1992, Child Support Act 1991

Jurisdiction:

England and Wales

Citing:

CitedElliss v BP Oil Northern Ireland Refinery Ltd CA 1987
The company had incurred capital expenditure in machinery and plant for trading before 1972. The 1975 Act prevented them claiming the expenditure as losses, and they sought to carry them forward to 1973 when additional claims were possible. The . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .

Cited by:

CitedClift, Regina (on the Application of) v Secretary of State for the Home Department HL 13-Dec-2006
The claimants were former serving prisoners who complained that the early release provisions discriminated against them unjustifiably. Each was subject to a deportation requirement, and said that in their cases the control on the time for their . .
CitedAlvi, Regina (on The Application of) v Secretary of State for The Home Department SC 18-Jul-2012
The claimant had entered as a student, and then stayed under a work permit. New rules were brought in, and because his occupation as a physiotherapy assistant was not listed, he was not credited with sufficient points for a permit. The Court of . .
Lists of cited by and citing cases may be incomplete.

Child Support, Income Tax, Taxes Management

Updated: 11 May 2022; Ref: scu.243083

Regina v Secretary of State for Social Security, ex parte West: CA 26 Nov 1998

An uncontested consent order granting a man parental responsibility was sufficient adjudication that he was indeed the father of the child for the purposes of the Child Support Act despite the absence of any inquiry of fact by the court.

Citations:

Times 26-Nov-1998

Statutes:

Child Support Act 1991 26(2)

Jurisdiction:

England and Wales

Child Support

Updated: 11 May 2022; Ref: scu.87776

Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant: CA 17 Nov 1999

A party in a separated couple where primary residence was with the other party, had staying contact, but the child benefit remained unapportioned. That party was not able to claim housing benefit which would reflect his need for larger accommodation to facilitate that staying contact. The decision was an administrative exercise as to whether the child was ‘normally living’ with him.

Citations:

Times 17-Nov-1999

Statutes:

Social Security Contributions and Benefits Act 1992 137

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant Admn 17-Dec-1998
Where children of a broken marriage split their time equally between both parents, but only one parent received all the Child Benefit, the local authority was entitled to set allowance for size of house supported by housing benefit on the same . .

Cited by:

Appealed toRegina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant Admn 17-Dec-1998
Where children of a broken marriage split their time equally between both parents, but only one parent received all the Child Benefit, the local authority was entitled to set allowance for size of house supported by housing benefit on the same . .
Lists of cited by and citing cases may be incomplete.

Benefits, Child Support

Updated: 11 May 2022; Ref: scu.85578

McKerry v Teesdale and Wear Valley Justices; McKerry v Director of Public Prosecutions: CA 29 Feb 2000

The courts must recognise the need to protect the identity of children involved in criminal proceedings. This derived both from national statute and from international law and practice. Nevertheless, the court had the discretion in appropriate cases to order disclosure of the name of a child convicted before it of criminal charges where the public interest properly required this. As to the giving of reasons for their decision by magistrates: ‘It is not usual for magistrates to give detailed reasons; nor is it usual for juries, who make very important decisions affecting human rights, to give any reasons at all. If an aggrieved party wishes to obtain more detailed reasons from a magistrates’ court, then a request can be made to state a case, as was done here, and the justices have given their reasons at somewhat greater length.’

Judges:

Lord Bingham

Citations:

Gazette 16-Mar-2000, Times 29-Feb-2000, [2001] EMLR 5

Statutes:

Children and Young Persons Act 1933 49(4A)

Jurisdiction:

England and Wales

Cited by:

CitedMathialagan, Regina (on the Application of) v London Borough of Southwark and Another CA 13-Dec-2004
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the . .
Lists of cited by and citing cases may be incomplete.

Child Support, Criminal Practice, Media

Updated: 10 May 2022; Ref: scu.83553

Henderson v Secretary of State for Social Security: CA 1 Dec 1998

A transfer of a share in an equitable interest in a house, is itself an equitable interest in land, and its transfer value could be incorporated in the calculations used to determine the maintenance assessment for child support purposes.

Citations:

Times 01-Dec-1998

Statutes:

Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (1992 No 1815)

Jurisdiction:

England and Wales

Child Support

Updated: 10 May 2022; Ref: scu.81315

Lord Lilford v Glyn: CA 1979

The judge had ordered the father to make money settlements on his daughters which had no relation to accommodation or their need during minority.
Held: The judge had gone quite ouside the jurisdiction of the Act, and the appeal succeeded. Children are entitled to a suitable home, to an upbringing, and to an education which is appropriate to their family’s circumstances and standard of living. But they are not entitled to long term provision into adulthood unless they have some special need.
Orr LJ said: ‘There is not . . one rule for millionaires and another for less wealthy fathers.’

Judges:

Orr LJ

Citations:

[1979] 1 WLR 78

Statutes:

Matrimonial Causes Act 19735

Jurisdiction:

England and Wales

Cited by:

CitedTavoulareas v Tavoulareas (2) CA 19-Nov-1996
Both husband and wife had independent means, and neither worked. The wife had spent pounds 100,000k on Children Act proceedings, and sought ancillary relief. The judge had made an order on capital to reflect the fact that if those costs had not been . .
CitedIlott v The Blue Cross and Others SC 15-Mar-2017
What is reasonable provision for daughter
The deceased had left her estate in her will to several animal charities. The claimant, her daughter, had been estranged from her mother for many years, and sought reasonable provision from her estate under the 1975 Act. The district judge had . .
Lists of cited by and citing cases may be incomplete.

Family, Child Support

Updated: 30 April 2022; Ref: scu.235329

McGowan v McGowan: 1948

Just as a husband’s common law duty to maintain his wife would normally be discharged by providing the home which they shared, the father’s duty to maintain his children would be discharged by providing them with a home.

Judges:

Lord Hodson

Citations:

[1948] 2 All ER 1032

Cited by:

CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Child Support

Updated: 30 April 2022; Ref: scu.228604

Langley v Bradford Metropolitan District Council and Secretary of State for Work and Pensions: CA 15 Oct 2004

It was discriminatory to treat differently homosexual and heterosexual couples when considering liability for child support payments. Sedley LJ: ‘The broad effect of the material provisions is to allocate the financial responsibility of separated parents for the maintenance of their children by pooling the absent parent’s income and outgoings with those of his or her new partner if, but only if, that partner is of the opposite sex. For same-sex couples this means that the one who is an absent parent is assessed as if living alone, with generally disadvantageous consequences.’ and ‘Putting it schematically, the child support scheme sets out to respect family life by making allowance for the joint expenses of an absent parent’s new household. It is this, without regard to discrimination, which brings the measure within the ambit of article 8. If then the scheme discriminates between one family unit and another on the ground of its members’ sexuality, article 14 too becomes engaged. Here, by treating their finances as wholly separate when they are not, and by consequently assessing M’s child support payment at a higher sum that if theirs was a heterosexual partnership, the scheme manifests a different level of respect for their family life.’
Neuberger LJ: ‘the reduction in liability effected by regulation 11 is accorded for the purpose of ensuring that that absent parent’s new family is not so deprived of money that it is significantly detrimentally affected by the liability of the absent parent to pay child support. To my mind, it follows from this that M has made good her case that the relevant provision, of which she does not have the benefit because she is in a same sex, rather than a heterosexual, relationship, was enacted out of respect for family life, the family life in question being that of the absent parent and his/her new partner.’

Judges:

Lord Justice Kennedy Lord Justice Sedley Lord Justice Neuberger

Citations:

[2004] EWCA (Civ) 1343, Times 11-Nov-2004

Jurisdiction:

England and Wales

Cited by:

Appeal FromSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Lists of cited by and citing cases may be incomplete.

Child Support, Discrimination

Updated: 30 April 2022; Ref: scu.218841

Secretary of State for Work and Pensions v Jones: FD 2 Jul 2003

The appellant Secretary of State challenged a decision of magistrates as to whether the respondent was the father of a child for whom Child Support was sought. The mother had been married, but had been living with the respondent at the appropriate time. The respondent had refused to provide a DNA sample for testing. The magistrates applied the presumption that a child born in wedlock was the child of the husband.
Held: The magistrates had erred in law. The presumption which followed a refusal to provide a sample was virtually inescapable, and should be given greater weight than the presumption of legitimacy. The result, if the magistrates had been correct, was that a child could never obtain a declaration of paternity, which would impact upon the child’s right to family life.

Judges:

Elizabeth Butler-Sloss President

Citations:

Times 13-Aug-2003, Gazette 18-Sep-2003

Statutes:

Family Law Act 1986

Jurisdiction:

England and Wales

Citing:

AppliedIn Re W v G (Paternity); In Re A (A Minor) CA 18-May-1994
The judge was wrong to limit his ability to draw inferences from a putative father’s refusal to take a test to discover paternity. . .
AppliedIn re G (Parentage: Blood Sample) CA 1997
. .
Lists of cited by and citing cases may be incomplete.

Child Support, Children

Updated: 29 April 2022; Ref: scu.185857

In re P (Child: Financial Provision): CA 24 Jun 2003

The court considered the amount of an allowance to be provided to a parent which would, on divorce, take care of a child of the family in a moderate to high income case.
Held: The carer would not themselves be entitled to an allowance personally, but only in his or her capacity as carer. The exercise was one of discretion, involving a broad commonsense approach. It can be easier to decide first what was to happen to any capital sum with a view to providing a home. A balance had then to be found between competing principles. The carer was not herself entitled to an allowance but would inevitably make sacrifices. The carer should be allowed a budget which reflected her position and that of the father, both social and financial.

Judges:

Thorpe, May LJJ, Bodey J

Citations:

Times 24-Jul-2003, Gazette 04-Sep-2003, [2003] 2 FLR 865

Jurisdiction:

England and Wales

Cited by:

CitedIn Re S (a Child: Unmarried Parents: financial provision) CA 1-Mar-2006
(Date) The mother appealed against an order of andpound;800,000 to provide her with a home in which to bring up the child of the wealthy ummarried couple.
Held: The judge had erred in scaling down pro rata an award made in another large money . .
CitedMorgan v Hill CA 28-Nov-2006
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. . .
Lists of cited by and citing cases may be incomplete.

Child Support, Family

Updated: 29 April 2022; Ref: scu.185196

Secretary of State for Social Security v Harmon; Same v Carter; Same v Cocks: CA 10 Jun 1998

The duty of a parent with care to apply for child support applies if he or she is actually paid benefit, irrespective of any possibility that the benefit claim may fall to be challenged. The requirement is that benefits are actually not just lawfully paid.

Citations:

Gazette 24-Jun-1998, Times 10-Jun-1998

Statutes:

Child Support Act 1991 6(1)

Jurisdiction:

England and Wales

Child Support, Benefits

Updated: 28 April 2022; Ref: scu.89094

SH v Secretary of State for Work and Pensions, Ch and Revenue and Customs (CSM) (Child Support – Calculation of Income): UTAA 3 May 2018

the non-resident parent’s gross income from and including the effective date of 8 November 2015 is to be calculated without regard to regulation 36(2)(b) of the Child Support Maintenance Calculation Regulations 2012.

Citations:

[2018] UKUT 157 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Child Support

Updated: 22 April 2022; Ref: scu.616363

Secretary of State for Social Security v Shotton and Others: QBD 30 Jan 1996

Magistrates have no power to question an assessment made by the Child Support Agency when making a deduction order.

Citations:

Independent 30-Jan-1996, [1996] 2 FLR 241

Statutes:

Child Support Act 1991 32(6)

Jurisdiction:

England and Wales

Cited by:

CitedFarley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2) HL 28-Jun-2006
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the . .
Lists of cited by and citing cases may be incomplete.

Child Support

Updated: 22 April 2022; Ref: scu.89096

Re B (Parentage): FD 1996

A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the sperm, by the time the insemination took place he had parted from the mother and was at that stage not asked to consent to the actual insemination.
Held: The court considered the effect of the provisions of paragraph the 1990 Act with regard to ‘receiving treatment services together.’ On the facts the ‘father’ had gone to the hospital for the beginning of the procedure together with the mother and it was part of a plan in which they were both willing and anxious to produce a child with the father’s sperm. Although the father’s relationship with the mother had ended by the time the actual insemination was carried out, he was a willing consenting party to the treatment which they had commenced together when the sperm sample was taken and he had not subsequently withdrawn his deemed consent. The exception to the requirement for written consent applied.

Judges:

Bracewell J

Citations:

[1996] 2 FLR 15

Statutes:

Human Fertilisation and Embryology Act 1990 Sch3 5(3), Children Act 1989 Sch 1

Jurisdiction:

England and Wales

Cited by:

CitedAHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
CitedRegina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
CitedIn Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity.
Held: The father’s appeal failed. The Act made statutory provision . .
Lists of cited by and citing cases may be incomplete.

Children, Health, Child Support

Updated: 20 April 2022; Ref: scu.182940

V v V (Ancillary relief: Power to order child maintenance): FD 6 Jun 2001

The parties had sought a child maintenance order form the court, but the husband resiled from his agreement.
Held: Where the court was unexpectedly blocked in this way, it had a power to make an order for payment by way of a lump sum of the difference to the wife for the benefit of the children. The court could not make a periodical payments order because no Segal order was available, nor was there any jurisdiction under the Act, since there was neither a subsisting order nor written agreement for variation. This was not an attempt to remedy perceived deficiencies in the Act, and the court had to look to its obligation to consider the children’s welfare. The provisions may be used for maintenance purposes if the child support machinery has not been invoked. Parents can, in effect, avoid the intervention of the Child Support Agency by agreeing a nominal sum in periodical payments at the outset and then returning to court for it to be varied.

Judges:

Wilson J

Citations:

Times 16-Aug-2001, [2001] 2 FLR 799

Statutes:

Child Support Act 1991, Matrimonial Causes Act 1973 23(1)(f) 25(1)

Citing:

CitedSegal 1993
. .

Cited by:

CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Child Support, Family

Updated: 12 April 2022; Ref: scu.159485

Wakefield v Secretary of State for Social Security and another: CA 24 Feb 2000

A fireman paying child support retired after being injured. He received a pension in two parts. Both were included as income for the calculation of child support. He claimed that the injury pension should be excluded.
Held: He failed. The court said that the injury pension was not a payment of damages for personal injuries, not being calculated by reference to any loss of earnings, or expenses arising from the injury. The way such payments were viewed under tax law was not relevant.

Citations:

Gazette 24-Feb-2000, Times 01-Mar-2000

Jurisdiction:

England and Wales

Child Support, Benefits

Updated: 10 April 2022; Ref: scu.90236

Re C: FD 10 Oct 1994

The Secretary of State was not obliged under Child Support legislation to disclose a father’s address.

Citations:

Ind Summary 10-Oct-1994

Jurisdiction:

England and Wales

Child Support

Updated: 09 April 2022; Ref: scu.85734

Norris (Inspector of Taxes) v Edgson: ChD 30 May 2000

Where a father paid child support to the mother through the Child Support Agency, and where the mother had re-married and that subsequent marriage had also ended in divorce, the maintenance paid did not attract income tax relief under the section. The payment remained a ‘qualifying payment’ for claiming the tax relief only until the other party had re-married. A subsequent divorce did not defeat fulfilment of that condition.

Citations:

Gazette 31-May-2000, Times 30-May-2000

Statutes:

Income and Corporation Taxes Act 1988 347B

Child Support, Income Tax

Updated: 09 April 2022; Ref: scu.84340

In Re N (A Minor) (Adoption: Foreign Guardianship): FD 27 Jun 2000

Somebody who had been appointed guardian of a child by a foreign court but which order was recognised here, had sufficient standing to be the person entitled to give consent to an adoption or whose consent could be dispensed with. The Act should be read to give a wider construction as to the person able to give consent, and the authorities interpreted accordingly.

Citations:

Times 27-Jun-2000

Statutes:

Adoption Act 1976 16(1)

Adoption, Child Support

Updated: 08 April 2022; Ref: scu.82068

In Re C (A Minor) (Child Support Agency: Disclosure): FD 7 Oct 1994

There is no power to use the Child Support Agency to obtain a father’s address. The Children Act is to be used instead. The Secretary of State was not obliged under Child Support legislation to disclose a father’s address.

Citations:

Times 07-Oct-1994, Gazette 09-Nov-1994

Statutes:

Child Support Act 1991 50(6)

Jurisdiction:

England and Wales

Child Support, Children

Updated: 08 April 2022; Ref: scu.81783

In Re C (A Minor: Contribution Notice): FD 13 May 1993

The father appealed against an order for contribution under the 1989 Act. It was argued that the contributing parent must simply cut his cloth acording to his means, and organise his life to follow first his duty to maintain his child.
Held: The magistrates had not given reasons for their decision, but the court had to endeavour to assist. The Act required the justices to have due regard to the contributors means. The Act set out explicitly the standard to be applied, in para 21(6) and maintenance was not payable save as set out. ‘Essentially the exercise was to assess a contributor’s means by references to the sources of his income and the manner in which he had expended that income. Due regard had to be had to the result of that balancing mathematical exercise and the court clearly had to have regard to wholly unreasonable expenditure. However, provided money was reasonably expended, it did not seem that a value judgment could be superimposed so as to require a court to say that a contributor should not have expended a particular sum of money because of a prior liability to his child. The justices were to allow parents for reasonable and actual expenses when fixing maintenance: ‘The strange state of our law is that there may be a so-called common law duty to maintain, but when one analyses what that duty is it seems effectively to have come to nothing. Like so many rights, the right extends only so far as the remedy to enforce it extends. . . the common law has no remedy. The remedies to enforce a duty to maintain are statutory remedies which are variously laid down in numerous statutes.’

Judges:

Ward J

Citations:

Times 13-May-1993, [1994] 1 FLR 111

Statutes:

Children Act 1989 Sch 2

Cited by:

CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Lists of cited by and citing cases may be incomplete.

Children, Child Support

Updated: 08 April 2022; Ref: scu.81788

Hackshaw v Hackshaw: FD 29 Jul 1999

Even though in some circumstances there was no formal requirement imposed on magistrates by statute to give reasons for their decision, where that decision was capable of being appealed the giving of reasons was greatly to be encouraged, since in the event of a success at appeal, the appeal court need not order a re-hearing.

Citations:

Times 29-Jul-1999

Statutes:

Maintenance Orders Act 1958 4 (2) (a)

Child Support

Updated: 08 April 2022; Ref: scu.81124

French v The Secretary of State for Work and Pensions and Another: CA 13 Mar 2018

The father was a professional gambler, deriving his entire income from these activities. The court was asked whether that income was to be taken into account in assessing his liability to pay Child Support.
Held: His appeal was allowed.

Judges:

Hickinbottom, Coulson LJJ

Citations:

[2018] EWCA Civ 470

Links:

Bailii

Statutes:

Child Support (Maintenance Assessment and Special Cases) Regulations 1992

Jurisdiction:

England and Wales

Child Support

Updated: 05 April 2022; Ref: scu.605865

Barnes v Barnes: CA 28 Jul 1972

Judges:

Russell, Edmund-Davies, Stamp LJJ

Citations:

[1972] EWCA Civ 2, [1972] 1 WLR 1381, [1972] 3 All ER 872

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Child Support

Updated: 23 March 2022; Ref: scu.262754

Rowley and others v Secretary of State for Department of Work and Pensions: CA 19 Jun 2007

The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system.
Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty of care owed by the Secretary of State to the claimants would be inconsistent with the statutory scheme created by the 1991 Act.’ The agency owed its duties not to the claimants but to the state; it had not assumed a responsibility recognised by the common law; and the statutory mechanisms for assessment and enforcement of maintenance contra-indicated any superadded liability.

Judges:

Waller LJ, Keene LJ, Dyson LJ

Citations:

Times 06-Jul-2007, [2007] EWCA Civ 598, [2007] 1 WLR 2861

Links:

Bailii

Statutes:

Child Support Act 1991

Jurisdiction:

England and Wales

Citing:

CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .

Cited by:

CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedPoole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Child Support, Negligence

Updated: 11 February 2022; Ref: scu.253494

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship.
Held: The claim failed. The regulations had now been updated by the 2004 Act. In 1991 the discrimination was in accordance with the views and standards current at the time. As to the claim for infringement of her right to respect for family life: ‘Ms M’s case on respect for private life also fails, for similar reasons. There has been no improper intrusion on her private life. She has not been criminalised, threatened or humiliated. The Tribunal respectfully recorded that she and her partner ‘were living in a very close, loving and monogamous relationship.’ Her complaint is that the state has calculated her liability to contribute to her children’s maintenance under a formula which is different from (and on the particular facts of her case, more onerous than) that which would have been used if she had been in a heterosexual relationship. The link with respect for her private life is in my view very tenuous indeed. ‘ and ‘the CSA is concerned as an official intermediary, but it is enforcing a personal obligation of the absent parent. It is no more expropriating property than . . . when the civil justice system enforces a private contract by converting a contract debt into a judgment debt which can be recovered by the process of execution. ‘
Lord Walker examined the Strasbourg case law on Article 8 in the context of private life and found that ‘the unique feature’ of Article 8 in that context was that: ‘it is concerned with the failure to accord respect. To criminalise any manifestation of an individual’s sexual orientation plainly fails to respect his or her private life, even if in practice the criminal law is not enforced (Dudgeon v United Kingdom 4 EHRR 149 and Norris v Ireland 13 EHRR 186); so does intrusive interrogation and humiliating discharge from the armed forces (Smith v United Kingdom 29 EHRR 493 and Lustig-Prean v United Kingdom 29 EHRR 548). Banning a former KGB officer from all public sector posts, and from a wide range of responsible private-sector posts, is so draconian as to threaten his leading a normal personal life (Sidabras v Lithuania 42 EHRR 104). Less serious interference would not merely have been a breach of article 8; it would not have fallen within the ambit of the article at all.’

Judges:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance

Citations:

[2006] 2 AC 91, [2006] UKHL 11, Times 14-Mar-2006, [2006] 2 WLR 637, [2006] 1 FCR 497, [2006] 2 FLR 56, [2006] UKHRR 799, [2006] 36 Fam Law 524, 21 BHRC 254, [2006] HRLR 19, [2006] 4 All ER 929

Links:

Bailii

Statutes:

Child Support Act 1991, European Convention on Human Rights 14, Civil Partnerships Act 2004, Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (1992/1815), Child Support, Pensions and Social Security Act 2000

Jurisdiction:

England and Wales

Citing:

CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
CitedMata Estevez v Spain ECHR 10-May-2001
The claimant complained that the state did not give proper recognition of his relationship with his deceased same sex partner.
Held: The court noted the growing tendency in a number of European states towards the legal and judicial recognition . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedSidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
CitedGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Appeal FromLangley v Bradford Metropolitan District Council and Secretary of State for Work and Pensions CA 15-Oct-2004
It was discriminatory to treat differently homosexual and heterosexual couples when considering liability for child support payments. Sedley LJ: ‘The broad effect of the material provisions is to allocate the financial responsibility of separated . .
CitedBotta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedKarner v Austria ECHR 24-Jul-2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . .
CitedRelating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
CitedAbdulaziz etc v The United Kingdom ECHR 28-May-1985
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK.
Held: The refusals of permission had . .
CitedNational Union of Belgian Police v Belgium ECHR 27-Oct-1975
Hudoc No violation of Art. 11; No violation of Art. 14+11
The Belgian Government failed to consult a municipal police union about legislation affecting public sector employment rights. The union’s direct . .
CitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
CitedFrette v France ECHR 26-Feb-2002
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child.
Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article . .
CitedPretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
CitedAbdulaziz etc v The United Kingdom ECHR 28-May-1985
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK.
Held: The refusals of permission had . .
CitedRegina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
CitedLogan v United Kingdom ECHR 6-Sep-1996
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court’s order to do. The complaint of a direct breach of article 8 failed because he could not show . .
CitedGammans v Ekins CA 1950
The plaintiff had lived with a woman tenant for over 20 years and they had been regarded in the neighbourhood as man and wife.
Held: He could not thereby be deemed a member of her family for the Act of 1920. If their relationship was sexual . .
CitedDyson Holdings Ltd v Fox CA 17-Oct-1975
The defendant had lived with the tenant for 21 years until his death. They were unmarried and had no children. Reversing the County Court judge, the Court of Appeal ruled that she was a member of his family. It was absurd to distinguish between two . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedRegina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
CitedBellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedRegina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
CitedBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .

Cited by:

CitedSmith v Secretary of State for Work and Pensions and Another HL 12-Jul-2006
The House considered whether under the 1992 Regulations a self-employed parent could use for his child support calculation his net earnings as declared to the Revenue, which would allow deduction of capital and other allowances properly claimed . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedAssociated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
CitedMurray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
CitedAL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
CitedGallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
CitedG, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust Admn 20-May-2008
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law.
Held: The claim failed. The legislative objectives were sufficiently serious to . .
CitedRodriguez v Minister of Housing of The Government and Another PC 14-Dec-2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .
CitedSteinfeld and Another v Secretary of State for Education CA 21-Feb-2017
Hetero Partnerships – wait and see proportionate
The claimants, a heterosexual couple complained that their inability to have a civil partnership was an unlawful discrimination against them and a denial of their Article 8 rights. The argument that the appellants’ case did not come within the ambit . .
CitedMcLaughlin, Re Judicial Review SC 30-Aug-2018
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .
CitedDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Lists of cited by and citing cases may be incomplete.

Child Support, Human Rights, Discrimination

Leading Case

Updated: 07 February 2022; Ref: scu.238923

Dalton, Regina (on The Application of) v The Secretary of State for Work and Pensions: Admn 10 Feb 2017

Application for judicial review of the decision by the Secretary of State, made through the Child Support Agency not to reimburse him for overpaid child support in the sum of andpound;43,617.72

Judges:

Nathalie Lieven QC

Citations:

[2017] EWHC 213 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Child Support

Updated: 31 January 2022; Ref: scu.575296

MQB v Secretary of State for Work and Pensions and SRB (CSM): UTAA 19 Oct 2021

Child support – Variation: other – Non – resident parent with unearned income – Child Support Maintenance Calculations Regulations 2012, reg.69 – Interpretation of reg.69(6).
Child support – Variation: diversion of income – Child Support Maintenance Calculations Regulations 2012, reg.71 – Circumstances in which omitting to draw income from a company raises the issue of diversion – AB v Secretary of State for Work and Pensions and RS (CSM) [2021] UKUT 129 (AAC) followed.

Citations:

[2021] UKUT 263 (AAC), [2021] WLR(D) 595

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Child Support

Updated: 29 January 2022; Ref: scu.671284

T v Child Support Agency: QBD 7 May 1998

A putative father has no appeal against incorrect finding of paternity. His only remedy is to apply to the High Court under Ord. 15 r 16 for a declaration of paternity. Similarly there was no right for a father to request a declaration of paternity.

Gazette 07-May-1998
Child Support Act 1991 27
England and Wales

Child Support

Updated: 26 January 2022; Ref: scu.89675

Carrington v Revenue and Customs: CA 26 Nov 2021

Whether the respondent, Mrs Carrington, was entitled to continue to receive United Kingdom (‘UK’) child benefit when in late August 2011 she left England with her husband and her son (whom I will call T) to live permanently in Spain. The child benefit was payable in respect of T, who was then 11 years old. If Mrs Carrington had remained ordinarily resident in Great Britain, and continued to be responsible for T’s care, she would in the usual way, and absent any material change of circumstances, have been entitled to continue receiving child benefit weekly in respect of T at least until he was 16.

Lady Justice Carr, Lord Justice Lewis And Sir Launcelot Henderson
[2021] EWCA Civ 1724
Bailii, Judiciary
England and Wales

Benefits, Child Support

Updated: 10 December 2021; Ref: scu.670076

Haroutunian v Jennings: FD 1980

It is not wrong for the court to augment the periodical payments order for a child to include an allowance for the mother, especially if the mother has to give up work or is unable to work because she has to look after the child. A child’s need for a carer enables account to be taken of the caring parent’s needs

Sir George Baker P
[1980] FLR 62
England and Wales

Child Support

Updated: 06 December 2021; Ref: scu.244878

Giltinane v Child Support Agency: FD 9 Mar 2006

The applicant sought to appeal against a liability order out of time.
Held: The time limit for appeals was not extendable. However the magistrates finding had been based upon misleading evidence supplied by the Agency. Where as here there was a risk of a miscarriage of justice, it was open to the claimant to seek a judicial review of the magistrates’ decision. If there was no other way of providing justice a review would be granted. The decision was reviewed.

Munby J
Times 07-Apr-2006
England and Wales

Child Support, Judicial Review

Updated: 06 December 2021; Ref: scu.240156

JM v United Kingdom: ECHR 28 Sep 2010

The applicant alleged that she had been the victim of discrimination on the basis of sexual orientation in the assessment by the authorities of her financial liability under the regulations on child support.

Lech Garlicki, P
[2010] ECHR 1361, 30 BHRC 60, [2010] Fam Law 1270, [2010] 3 FCR 648, [2011] 1 FLR 491, (2011) 53 EHRR 6
Bailii
European Convention on Human Rights, Child Support (Maintenance Assessments and Special Cases) Regulations 1992 1(2)
Citing:
See AlsoJM v United Kingdom ECHR 21-Nov-2008
. .
At Commissioner(Un-named) SSCS 1-Oct-2003
The mother had challenged payments required of her by way of child support. The Secretary of State now appealed.
Held: The appeal was rejected: ‘a gay relationship can be a family for the purpose of [A]rticle 8’. There was no reason, in the . .
At CASecretary of State for Work and Pensions v M CA 15-Oct-2004
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination, Child Support

Updated: 28 November 2021; Ref: scu.519966