FN v Secretary of State for Work and Pensions (UC): [2022] UKUT 77 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 10 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 May 2022

• Categories: European Union law, Tribunal procedure and practice
• Sub-categories: European Union law - free movement, Tribunal procedure and practice - evidence
• Judges: Ward, C
• Decision date: 10 March 2022

Read the full decision in UA-2021-001182-UC.

Judicial Summary

The First-tier Tribunal was in error for failing to apply HK v SSWP [2020] UKUT 73. (Obiter): 1. in situations of domestic violence and a non-molestation injunction, the FtT’s order-making power may be a useful tool for overcoming the Department for Work and Pension’s data protection issues and enabling justice to be done; 2. as seeking an order should not be a first resort, representatives may be well-advised to put, in a stand-alone application, not only what they are seeking and why, but what steps have been taken, unsuccessfully, to date.

Published 3 May 2022