The child support system is needlessly cumbersome, says David Burrows
The government’s recent “overhaul” of the tribunal structure introduced two new tribunals; a First Tier and an Upper Tribunal. Child support and Child Support Commissioner appeals now come within this structure; though this is solely because of the anomalous position of child support as part of administrative, rather than family law.
The new scheme replaces the existing tribunal and commissioner’s jurisdictions and gives the Upper Tribunal the ability to receive referral of judicial review applications. Most tribunals transferred into the First-Tier and Upper Tribunal in phases from 3 November 2008, implementing the main provisions of the Tribunals, Courts and Enforcement Act 2007. In some cases new statutory appeal rights are created. In other cases appeal rights are moved from the courts to tribunals.
A press release heralding the changes claimed that “tribunal users [will] continue to experience a service that is speedy, inexpensive and accessible”. Looked at through the child support scheme spectrum this statement perhaps justifies scepticism. First “speedy” of the
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