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).

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Full judgment: BAILII
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Subject(s):

Date: 22/3/21🔍

Court: High Court (Administrative Court)🔍

Judge(s):

Parties:

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

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Published: 23/3/21 00:10

Cached: 2021-09-28 03:46:56