R (Worcestershire County Council v SSHSC [2021] EWHC 682 (Admin)

Ordinary residence and s117 The patient was detained under s3 in Worcestershire (Area 1), discharged to residential care in Swindon (Area 2), detained again under s3 in Swindon and discharged again. The DHSC argued that Worcestershire retained s117 responsibility throughout, based on three propositions: (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 duty continued throughout the second detention. The High Court rejected all three propositions (in relation to the third, noting that a s117 duty continues until a s117(2) decision, even during a second detention, but that the continuation does not affect the position upon leaving hospital).

See also

• Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20) — (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 Superseded by: DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (updated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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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 119, February 2022)

CASES DATABASE

Full judgment: BAILII
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Subject(s):

• After-care🔍
• Community care🔍

Date: 22/3/21🔍

Court: High Court (Administrative Court)🔍

Judicial history:

• R (Worcestershire County Council) v SSHSC [2023] UKSC 31
• R (Worcestershire County Council) v SSHSC [2021] EWCA Civ 1957
• R (Worcestershire County Council v SSHSC [2021] EWHC 682 (Admin)

Judge(s):

• Linden🔍

Parties:

• Worcestershire County Council🔍
• Secretary of State for Health and Social Care🔍
• Swindon Borough Council🔍

Citation number(s):

• [2021] EWHC 682 (Admin)^B

What links here:

• R (Cornwall Council v SSH [2015] UKSC 46
• DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
• Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21)
• 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)
• R (Worcestershire County Council) v SSHSC [2021] EWCA Civ 1957
• R (Worcestershire County Council) v SSHSC [2023] UKSC 31
• Jonathan Wilson, 'Mental health case law: update' (Legal Action, May 2022)

Published: 23/3/21 00:10

Cached: 2024-04-18 00:23:30