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The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enfo
The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforcement Act 2007, I set those decisions aside and remit the cases to be reconsidered by a fresh tribunal in accordance with this decision and the following directions.
DIRECTIONS
This appeals are remitted to the First-tier Tribunal for reconsideration at an oral hearing.
The First-tier Tribunal hearing the remitted appeals shall not involve either the judge who decided the appeals on 14 February 2022 or the judge who decided the appeals on 17 October 2023.
If any party has any further evidence to put before the First-tier Tribunal this should be sent to the regional office of His Majesty’s Courts and Tribunals Service within one month of the date on which this decision is issued. Any such further evidence must relate to the circumstances as they were at the date of the decisions of the Secretary of State under appeal.
The tribunal hearing the remitted appeals is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes the new tribunal may reach the same or a different outcome from the previous tribunal.
Copies of this decision shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeals.
These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or First-tier Tribunal Judge.
REASONS FOR DECISION
Introduction: what this appeal is about
- Heading
- The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enfo
- These appeals relate to the liability of the Appellant (whom I shall refer to as the “Father” ) to make payments to the Second Respondent (whom I shall refer to as the “Mother” ) in respect of the mai
- I give guidance to the First-tier Tribunal about
- Factual background
- Legal framework
- The First-tier Tribunal’s decision
- The permission stage and the parties’ submissions
- Analysis
- The Tribunal’s fact finding
- Reasons
- What the reasons must cover
- Conclusions