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Child law

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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