CHAPTER 12
Ordinary residence and local authority responsibility
12.5Meaning of ordinary residence 12.9Adults lacking capacity 12.11Ordinary residence and statutory policy 12.15The deeming provisions First deeming provision Second deeming provision Third deeming provision Fourth deeming provision: prisoners and other persons subject to criminal law Fifth (non-statutory) deeming provision
12.30Transitional provisions and the earlier regime 12.34Annex H of the Care and Support Statutory Guidance 12.38Financial adjustments 12.40Cross-border placements and disputes Cases
Social care
12.45R (Greenwich LBC) v Secretary of State for Health [2006] EWHC 2576 (Admin), (2007) 10 CCLR 80 A self-funder who moves voluntarily into care home accommodation in another area becomes ordinarily resident there
12.46R (Mani and others) v Lambeth LBC and another [2002] EWHC 735 (Admin), (2002) 5 CCLR 486 Residence in an area, albeit on a ‘no choice’ basis, could result in ordinary residence
12.47R (Manchester CC) v St Helens BC [2009] EWCA Civ 1348, (2010) 13 CCLR 48 Having provided supported housing and care in the area of local authority A, local authority B was entitled to transfer responsibility to local authority A on it becoming clear that X had become ordinarily resident there
12.48R (Kent County Council) v Secretary of State for Health [2015] EWCA Civ 81, (2015) 18 CCLR 153 Statutory deeming provisions were not retrospective
12.49R (Cornwall Council) v Secretary of State for Health [2015] UKSC 46, [2015] 3 WLR 213, (2015) 18 CCLR 497 Clarifying the ordinary residence test and how it applied
12.50R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2015] 1 WLR 3820 It was incompatible with Article 2 of the 1st Protocol to the ECHR and Article 14 ECHR to exclude from student loans prospective students who had not clocked up three years of lawful, ordinary residence but who had lived in the UK for most of their lives, had been educated here, could not be removed save for grave misconduct and were treated throughout as members of UK society; but the ordinary residence test was lawful
12.51Milton Keynes Council v Scottish Ministers [2015] CSOH 156, 2015 SLT 843 The ordinary residence of a person lacking capacity may not change simply because they go to live elsewhere under private arrangements
Mental health
12.53R v Mental Health Review Tribunal, Torfaen County BC and Gwent Health Authority ex p Hall (1999) 2 CCLR 361, QBD The health and social care authorities responsible for after-care were those for the area where the patient had been resident before their detention or, if the patient had no ordinary residence, the responsible authorities are those for the area to where the patient is sent
12.54R (Hertfordshire CC) v Hammersmith & Fulham LBC [2011] EWCA Civ 77, (2011) 14 CCLR 224 Statutory deeming provisions only applied for the purposes of the National Assistance Act 1948
12.55R (Sunderland CC) v South Tyneside Council, SF and Leeds CC [2012] EWCA Civ 1232, (2012) 15 CCLR 701 A person could be ordinarily resident in a ‘placement’ that was, ultimately, voluntarily accepted by them
12.56R (Wiltshire Council) v Hertfordshire CC [2014] EWCA Civ 712, (2014) 17 CCLR 258 A conditional discharge does not alter the ordinary residence of a person subject to a hospital order with restrictions