Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme

Online forum | Latest topic on forum: Ward with intermittent RC cover | News

Ordinary residence: Difference between revisions

(Created page with '"Each local authority has a duty (in respect of persons over 18) to make arrangements to provide residential accommodation to persons who are in need of care and attention which …')
 
No edit summary
 
(11 intermediate revisions by the same user not shown)
Line 1: Line 1:
"Each local authority has a duty (in respect of persons over 18) to make arrangements to provide residential accommodation to persons who are in need of care and attention which is not otherwise available to them, and to make welfare arrangements for certain people." [from DH website]
{{Information-header}}
{{must update|See [[Which authority pays for aftercare]] for some more up-to-date information in the context of s117.}}
 
This page contains links to information on this important concept in community care law.
 
==Legislation==
 
*[[Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010]]
 
*[[Ordinary Residence Disputes (Community Care (Delayed Discharges etc. Act 2003) Directions 2010]]
 
*[[Ordinary Residence Disputes (Mental Capacity Act 2005) Directions 2010]]
 
==Case law==
See:
* [[:Category:After-care]]
*[[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)]]


==External links==
==External links==
[http://www.dh.gov.uk/en/SocialCare/Deliveringadultsocialcare/Ordinaryresidence/DH_079208 DH Ordinary residence page]
[https://www.gov.uk/government/publications/identifying-the-ordinary-residence-of-people-in-need-of-community-care-services Government website: 'Identifying the ordinary residence of people in need of community care services' page]
 
*[[:File:DH 126156 Ordinary residence April 2011.pdf|Dept of Health, 'Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England' (15/4/11)]]. 'The Ordinary Residence Guidance has been updated on 15/4/11, to provide revised guidance on people receiving NHS continuing health care immediately before 19/4/10, when certain changes to the legislation came into effect, and also on people from overseas.' (DH)


*[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_113627 Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England] - published 5/3/10 - effective from 19/4/10
*[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_114335 Cross-border arrangements between England and Wales] - published 19/3/10 - These arrangements set out which ordinary residence disputes are to be determined by the Secretary of State and which are to be determined by Welsh Ministers.


{{stub}}
*[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252864/OR_Guidance_2013-10-01_Revised__with_new_contact_details_New_DH_template.pdf Department of Health, 'Ordinary Residence: Guidance on the identification of the ordinary residence of people in need of community care services, England' (October 2013)]†


[[Category:Miscellaneous articles]]
{{Information-footer
|maincat=Aftercare
}}

Latest revision as of 18:47, 30 November 2023

This page needs to be updated. See Which authority pays for aftercare for some more up-to-date information in the context of s117.

This page contains links to information on this important concept in community care law.

Legislation

Case law

See:

External links

Government website: 'Identifying the ordinary residence of people in need of community care services' page

INFORMATION



What links here:


Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=Ordinary_residence&oldid=63165"