LP v Secretary of State for Work & Pensions and EM (CSM): [2024] UKUT 302 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 24 September 2024
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Judicial Summary
This case concerns separated parents who share care of their child. The issue for the Tribunal was whether one parent was providing “day to day care to a lesser extent” than the other for the purposes of regulation 50(2) of the Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677). The Upper Tribunal reviews the case law on this regulation and provides guidance as to the approach to be taken in such cases. The Upper Tribunal holds that the Tribunal in this case erred in law by (among other things): (i) confining its consideration of the amount of “day to day care” provided to the question of the number of hours during which each parent is responsible for the child, rather than considering how much practical care is provided by each parent; (ii) failing to make findings of fact in relation to many of the significant elements of care that were in issue between the parties including alleged differences in terms of school pick-ups and drop-offs, holidays, meals and provision of clubs; and (iii) treating additional nights’ care as a ‘trump card’. Case remitted for rehearing.