R (Cornwall Council) v SSH [2012] EWHC 3739 (Admin)

Ordinary residence PH was a young man born with significant learning and physical disabilities. The Secretary of State decided that when he turned 18 he was ordinarily resident under the NAA 1948 in Cornwall, where his parents lived, despite his physical presence elsewhere. The court held that the Secretary of State had lawfully applied the test in Vale relevant to a person who is so severely handicapped as to be totally dependent upon a parent or guardian (termed 'test 1' in the guidance), which states that such a person is in the same position as a small child and his ordinary residence is that of his parents or guardian because that is his base.

Citations

R (Cornwall Council) v Secretary of State for Health (Defendant) and (1) Wiltshire Council, (2) South Gloucestershire Council, (3) Somerset County Council (Interested Parties)

On Bailii as: Cornwall Council, R (on the application of) v Wiltshire Council & Ors [2012] EWHC 3739 (Admin)^B (21 December 2012)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Community care🔍

Date: 21/12/12🔍

Court: High Court (Administrative Court)🔍

Judicial history:

• R (Cornwall Council v SSH [2015] UKSC 46
• R (Cornwall Council) v SSH [2014] EWCA Civ 12
• R (Cornwall Council) v SSH [2012] EWHC 3739 (Admin)

Judge(s):

• Beatson🔍

Parties:

• Cornwall Council🔍
• Secretary of State for Health🔍
• Wiltshire Council🔍
• South Gloucestershire Council🔍
• Somerset County Council🔍

Citation number(s):

• [2012] EWHC 3739 (Admin)^B
• [2012] MHLO 162

What links here:

• 39 Essex Street, 'Court of Protection update' (issue 29, January 2013)
• R (Cornwall Council) v SSH [2014] EWCA Civ 12
• R (Cornwall Council v SSH [2015] UKSC 46

Published: 10/1/13 20:46

Cached: 2024-11-09 01:58:04