View source for R (Cornwall Council) v SSH (2014) EWCA Civ 12

{{Case
|Date=2014/02/18
|NCN=[2014] EWCA Civ 12
|ICLR=[2014] WLR(D) 80
|Other citations=(2014) 17 CCL Rep 78, [2014] WLR 3408, [2014] 3 All ER 603, [2014] 2 FCR 606, [2014] HLR 34, [2014] BLGR 433, [2014] 1 WLR 3408, [2014] MHLO 17
|Court=Court of Appeal (Civil Division)
|Judges=Elias, Lewison, Floyd
|Parties=Cornwall Council, Secretary of State for Health, Wiltshire Council, South Gloucestershire Council, Somerset County Council
|Judicial history first case=R (Cornwall Council) v SSH (2012) EWHC 3739 (Admin)
|Sentence=Ordinary residence
|Summary=(1) In deciding the ordinary residence of an adult lacking capacity the Secretary of State had erred in applying 'test 1' from the Vale case (that a person who is so severely handicapped as to be totally dependent upon a parent or guardian in the same position as a small child and his ordinary residence is that of his parents or guardian because that is his base). (2) Instead, the words 'ordinary residence' should, unless the context indicates otherwise, be given their ordinary and natural meaning. (3) There is much to be said for the court adopting in the context of severely incapacitated adults a test of ordinary residence similar to the test of habitual residence adopted for dependent children in Re A (namely where he is integrated into a social and family environment). (3) On the facts, the person was ordinarily resident in South Gloucestershire (where he lived) rather than Cornwall (where his parents lived).
|External links=* [http://cases.iclr.co.uk/Subscr/search.aspx?docID=WLRD2014-080 ICLR]

* [http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=18833 Local Govenment Lawyer, 'Supreme Court to hear key case on 'ordinary residence' in community care' (10/6/14)]

* {{link|1=http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=22203|2=Local Government Lawyer, 'Supreme Court to hear battle among councils over "ordinary residence" in care case' (17/3/15)|3=s}}. The case was heard by Lady Hale, Lord Wilson, Lord Carnwath, Lord Hughes and Lord Toulson on 18 and 19 March 2015.
|Subject=Community care
|News=No
|RSS pubdate=2021/01/19 11:38:08 PM
}}