Deemed ordinary residence where public bodies are making accommodation arrangements at a level of contract

Ordinary Residence pre Care Act

Leave a Comment / Care Planning, Budgets and Choice Rights, Deemed ordinary residence where public bodies are making accommodation arrangements at a level of contract, Ordinary Residence /

Generally speaking, health and social care services are most sensibly arranged by the authority in whose area the service user usually lives, especially if the client is to be provided with homecare. But crises can sometimes occur when people are away from their normal place of residence, and authorities do not have limitless funds to […]

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R (on the application of Cornwall Council) v Secretary of State for Health & Others (1) Wiltshire Council (2) South Gloucestershire Council (3) Somerset County Council [2014] EWCA Civ 12

Leave a Comment / Care Planning, Budgets and Choice Rights, Deemed ordinary residence where public bodies are making accommodation arrangements at a level of contract, Duties and Discretions, Judicial Review, Ordinary Residence, Ordinary residence scenarios based on the principles in the legal framework, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The power to meet ineligible needs, or eligible needs for people who are not ordinarily resident in the area /

The appellant local authority appealed against a decision that an incapacitated person (“P”) was “ordinarily resident” in Cornwall for the purposes of section 21 and section 24(1) the National Assistance Act 1948. P was born in 1986 with complex disabilities including cerebral palsy, epilepsy and autism.  He needed a great deal of physical care.  He

R (on the application of Cornwall Council) v Secretary of State for Health & Others (1) Wiltshire Council (2) South Gloucestershire Council (3) Somerset County Council [2014] EWCA Civ 12 Read More »