"Each local authority has a duty (in respect of persons over 18) to make arrangements to provide residential accommodation to persons who are in need of care and attention which is not otherwise available to them, and to make welfare arrangements for certain people." [from DH website]

Legislation

• Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010

• Ordinary Residence Disputes (Community Care (Delayed Discharges etc. Act 2003) Directions 2010

• Ordinary Residence Disputes (Mental Capacity Act 2005) Directions 2010

Case law

The following case from Category:After-care is of particular relevance:

• R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77

• R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC 562 (Admin)

External links

DH Ordinary residence page

• Dept of Health, 'Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England' (15/4/11). 'The Ordinary Residence Guidance has been updated on 15/4/11, to provide revised guidance on people receiving NHS continuing health care immediately before 19/4/10, when certain changes to the legislation came into effect, and also on people from overseas.' (DH)

• Cross-border arrangements between England and Wales - published 19/3/10 - These arrangements set out which ordinary residence disputes are to be determined by the Secretary of State and which are to be determined by Welsh Ministers.