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Family Law

The leading authority on all aspects of family law

16 DEC 2005

Compensation for Maladministration

David Burrows, Solicitor. In R (Kehoe) v Secretary of State for Work and Pensions [2005] UKHL 48, [2005] 2 FLR 1249, the House of Lords held that where child support maintenance is payable as a result of a calculation under Child Support Act 1991, s 11, a person with care to whom the maintenance is payable is not entitled to apply to the court to enforce payment of that maintenance. If the Child Support Agency fails, then the parents' only challenge, said the House of Lords, is by judicial review. This article looks at judicial review in this context and, alongside it, the question of financial redress for maladministration. See January [2006] Fam Law 44 for the full article.

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