View source for R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77

The appellant sought: 'A declaration that "is resident" in [[s117]](3) Mental Health Act 1983 has the same (or substantially the same) meaning as "is ordinarily resident" under s24  National Assistance Act 1948, so that a person placed by a local authority under s21 NAA in the area of another local authority remains ordinarily resident in the area of the placing authority for the purposes of Part 3 NAA and s117(3) MHA.' The court refused to grant the declaration as: (1) Parliament must have deliberately chosen a different formula for s117; (2) s117 was intended to be a free-standing provision, not dependent on the 1948 Act; (3) there was no legitimate way to interpret 'resident' as excluding a placement under s21. The court noted that the decision is in line with recent government guidance, and that the Law Commission's current project provides a much better forum for considering and remedying any defects in the present law.

==Related judgments==
[[R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77]]
*[[R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC 562 (Admin)]]

==ICLR==
{{ICLR|R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77}}

==See also==
*[[Ordinary residence]] - This page contains links to related documents, including legislation and government guidance.

==Other==
Before: Carnwath, Rimer, Sullivan LJJ

Hearing: 18/1/11

Judgment: 15/2/11

Patrick Green & Kathleen Donnelly (instructed by Hertfordshire County Council) for the Appellant

Fenella Morris (instructed by London Borough of Hammersmith & Fulham) for the Respondent

Nathalie Lieven QC & Toby Fisher - Interveners for the Interested Party (instructed by John D Sellars & Co, Solicitors)

==Citations==
[2011] All ER (D) 164 (Feb)

==External link==
{{#bailii: [2011] EWCA Civ 77}}

[[Category:After-care]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2011 cases]]