Davidson and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mrs Davidson against a decision of the Secretary of the Department of Social Services regarding the shared care percentage for family tax benefit purposes. The dispute centred on the period from 21 March 2015, when Mr Davidson left the family home with the children, and the subsequent arrangements for the children's care. Mrs Davidson contended that the children were taken without her consent and that Mr Davidson did not have exclusive care of them during the period under review.

The Tribunal was required to determine the appropriate shared care percentage for the children, which would impact Mrs Davidson's eligibility for family tax benefit. This involved assessing the pattern of care provided by each parent during the relevant period, particularly in light of the conflicting accounts of how and when the children left the family home and the subsequent arrangements for their accommodation and care. The Tribunal also considered whether a broader approach to assessing care, beyond simply overnight stays, would alter the outcome.

The Tribunal noted that while policy guidelines are not binding, they are generally applied unless there are cogent reasons not to. The evidence presented detailed a contentious separation where Mr Davidson left the family home with the children. Mrs Davidson claimed she was unaware of this departure and that the children were distressed. Mr Davidson stated he had informed Mrs Davidson of his intention to leave and that the children had agreed to go with him. The Tribunal considered the conflicting accounts regarding the children's departure, the involvement of police, and the subsequent arrangements for beds and care. Even when considering a broader assessment of care beyond overnight stays, the Tribunal concluded that the outcome would remain the same.

The decision under review, which affirmed the Secretary's determination regarding the shared care percentage, was affirmed by the Tribunal.