Facts: Mrs R had lived in Milton Keynes for many years before a deterioration in her mental and physical health, and loss of mental capacity, caused by dementia. She needed residential care. Her daughter took her by car to Scotland and placed her in a care home near to where the daughter lived, under provide arrangements. About six years later, Mrs R was assessed under section 12A of the Social Work (Scotland) Act 1968 as needing residential accommodation with nursing and a question arose as to whether Milton Keynes or the relevant Scottish local authority, East Lothian Council, was financially responsible, The Scottish Ministers decided that Milton Keynes was responsible, on the basis that Mrs R remained ordinarily resident in Milton Keynes.

Judgment: Lord Armstrong held that the Scottish Ministers’ decision was lawful: Mrs R had not voluntarily adopted her new residence in Scotland and her move to Scotland had not been decided upon by a person vested with legal authority to make decisions on her behalf, under the Mental Capacity Act 2005.