DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
Ordinary residence and s117 (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v SSH [2015] UKSC 46; (b) in the alternative, "immediately before being detained" in s117 means "immediately before being first detained"; (c) in the further alternative, Area 1's duties may continue throughout the second detention. (2) Ordinary residence disputes must still be referred in the usual timeframe but, absent exceptional circumstances, cases which raise similar issues as the Worcestershire case will be stayed. (3) The current position contradicts the Care and Support statutory guidance, which will be updated when the court case has been decided. Superseded by: DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 21/4/21).
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Type: Statutory guidance🔍
Title: Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case
Organisation: Department of Health and Social Care🔍
Date: 24/6/20🔍
What links here:
- R (Cornwall Council v SSH [2015] UKSC 46
- Luke Clements, 'Ordinary Residence s117 - all change in England (and Wales?)' (June 2020)
- R (Worcestershire County Council v SSHSC [2021] EWHC 682 (Admin)
- DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 21/4/21)
- DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 27/8/21)