Introduction
12.1While local authorities have the power, in certain circumstances, to meet the needs of adults and carers who are ordinarily resident elsewhere, they only owe duties to persons who are ‘ordinarily resident’ in their area, or who are of ‘no settled residence’ (sections 18–20 of the Care Act 2014). It is therefore important that authorities and applicants for services have a clear understanding of what ‘ordinary residence’ entails.
12.2There are two types of ordinary residence for the purposes of the Care Act 2014:
•actual ordinary residence, resulting from a person’s physical presence in a local authority area;
•deemed ordinary residence, resulting from the Care Act 2014 requiring a person to be treated as retaining ordinary residence in local authority area A, although they are actually resident in local authority area B pursuant to sections 39 and 76 of the Care Act 2014.
12.3Where there is a dispute between local authorities that they are unable to resolve, the Secretary of State, or an appointed person, will determine that dispute pursuant to section 40 of the Care Act 2014.
1By virtue of article 5 of the Care Act (Transitional Provision) Order 2015, the Secretary of State will determine all ordinary residence disputes that are to be determined on or after the 1 April 2015 under section 40 of the Care Act 2014 (rather than under the predecessor legislation).That determination is susceptible to judicial review.
12.4In addition, where local authority A provides services to a person who, it transpires, is ordinarily resident in the area of local authority B, local authority A can reclaim the cost from local authority B pursuant to section 41 of the Care Act 2014.