header-logo header-logo

06 March 2008 / David Burrows
Issue: 7311 / Categories: Features , Public , Legal services , Family
printer mail-detail

Public v family

Child support is a family, not an administrative, matter says David Burrows (from the barricades)

A strange and uncomfortable cohabitation exists between family (private), and administrative (public), lawyers over interpretations of the Child Support Act 1991 (CSA 1991) and in representation of parents and the secretary of state for work and pensions in child support proceedings. Is the law of child support maintenance more akin to family law; or is it more aptly the province of the administrative lawyer? You might think the name was a giveaway: finance for children surely implies family law? I doubt the lawyers who represent the secretary of state for work and pensions (who act in these cases) would agree.

My last case on child support (in early February) was an application for a declaration for two parents who said that certain aspects of the scheme had denied them the right to a fair—or indeed any—trial of issues relating to two assessments to child support maintenance many years ago. They were long out of time, probably, for judicial review; but for reasons particular to each case had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll