DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 27/8/21)

Ordinary residence and s117 This guidance was updated after the Court of Appeal gave permission to appeal the High Court's decision on s117 aftercare in R (Worcestershire County Council v SSHSC [2021] EWHC 682 (Admin). See DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20) (the original guidance) for a summary. Superseded by: DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated 27/1/22).

Amendments

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On 22 March 2021, judgment was handed down in favour of Worcestershire County Council in the case of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council (‘the Worcestershire case’). The Secretary of State has lodged an application for leave to appeal in the Court of Appeal, and we are waiting to hear whether this has been granted. Ordinary residence disputes raising similar issues to those in the Worcestershire case will be stayed until we have final clarification as to the correct approach to ordinary residence for the purposes of section 117(3) of the Mental Health Act 1983.

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On 22 March 2021, judgment was handed down in favour of Worcestershire County Council in the case of R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council (‘the Worcestershire case’). The Secretary of State lodged an application for leave to appeal in the Court of Appeal, and permission to appeal has been granted. Ordinary residence disputes raising similar issues to those in the Worcestershire case will continue to be stayed until we have final clarification as to the correct approach to ordinary residence for the purposes of section 117(3) of the Mental Health Act 1983.

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This note is to be read alongside DHSC’s guidance to local authorities on ordinary residence in chapter 19 of the care and support statutory guidance. It is intended to clarify the status of that guidance in the light of the Worcestershire case, but nothing in this note is to be read as constituting legal guidance to local authorities. Nor does this note provide legal advice by, or on behalf, of DHSC in respect of the matters covered by the note.

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This note is to be read alongside DHSC’s guidance to local authorities on ordinary residence in chapter 19 of the care and support statutory guidance. It is intended to clarify the status of that guidance in light of the Worcestershire case, but nothing in this note is to be read as constituting legal guidance to local authorities. Nor does this note provide legal advice by, or on behalf, of DHSC in respect of the matters covered by the note.

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DHSC therefore considers it to be in the interests of good administration, certainty and consistency to decide disputes on matters which raise similar issues to the Worcestershire case, once it has final clarification as to the correct approach to ordinary residence for the purposes of section 117(3) of the Mental Health Act 1983.

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Type: Statutory guidance🔍

Title: Statutory guidance: DHSC

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What links here:

• DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
• 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)