Ordinary residence

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

• 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

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

• 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)

• 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.

• Department of Health, 'Ordinary Residence: Guidance on the identification of the ordinary residence of people in need of community care services, England' (October 2013)†

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• Changes made by MHA 2007
  • 16- or 17-year-old with capacity cannot be detained on basis of parental consent
  • Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
  • Additional safeguards for ECT introduced in new s58A
  • Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
  • Approved Mental Health Professional replaces Approved Social Worker
  • Automatic reference scheme under s68 changed
  • Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
  • Civil partners are treated as if married when determining nearest relative
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  • Procedure for making of instruments by Welsh Ministers set out
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  • Some exclusions to definition of mental disorder have been removed
  • Supervised Community Treatment replaces Supervised Discharge
  • Transitional provisions until full implementation of MHA 2007
  • Treatment while under SCT is covered by new Part 4A

• Coronavirus
• Changes made by MHA 2007

What links here:

• MHA 1983 s117
• 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
• R (Hertfordshire CC) v LB Hammersmith and Fulham [2011] EWCA Civ 77