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29 July 2010
Issue: 7428 / Categories: Case law , Law digest
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Child law

R (on the application of Green) v Secretary of State for the Department for Work and Pensions [2010] EWHC 1278 (Admin), [2010] All ER (D) 192 (Jul)

The August 2002 version of the Child Support Guide, vol 7 made it clear that there was a discretion to be exercised by the Child Support Agency (CSA) in determining whether to permit the school fees payment to be offset against child support. It expressly stated that the discretionary decision had to be based on the circumstances of the individual case, with consideration being given to the welfare of the child at all times.

However, it was plain that in exercising that discretion, the CSA was to give weight to the current view of the parent with care. However, if the parent with care did not agree to it, there nevertheless remained a discretion to be exercised because the guidance did not make everything dependent on the current wish of the parent with care but enjoined the decision maker to take into account all the circumstances of the case.

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MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

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Legal aid deserts leave almost one in four without adequate access to justice
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